Things To Know About Fatal Accident Claims
Fatal Accidents Compensation Scotland – Accidents are not only dangerous but can also be fatal. Studies show that 15% of accidents result in fatality. It becomes difficult for the family members and close relatives to carry on living their lives normally if someone dies in a sudden accident. Fatal accident claims are mostly hard to process if they are not handled carefully. Therefore, it is important to take care of a few things before you try and claim for a fatal accident.
Things to keep in mind when you make a fatal accident claim
Following are the things you should be mindful of if you are making a fatal accident claim. The first thing you need to know is the legislature for fatal accidents.
The law for fatal settlements
It is important to educate yourself on the law for fatal settlements so that you can hold your ground on a legal basis. The fatal accident act of 1976 governs these matters and explains that a party is liable to pay if an accident results in the death of a person.
Know who deserves the settlement
The person who dies in an accident cannot take compensation for the accident. Therefore, it is given to the next of kin. Now, these things can often get a little confusing because the terms of the settlement may be different for each case. However, these settlement amounts may be given to:
- A spouse or ex-spouse.
- A person who had been cohabiting with the deceased for at least two years before the death.
- Blood children and other descendants including adopted children and children through marriage or civil partnership.
- Parents or ascendants including grandparents, great grandparents and those treated by the deceased as a parent.
- Brothers, sisters, cousins, uncles, aunts, nieces and nephews.
The law also explains the technicalities in detail. There are various things that you can claim for in a fatal accident claim. For instance:
Loss of finances: this governs the actual financial expenses of treatment because of the accident.
Loss of income: a person who dies in an accident could be the bread earner of the family.
Therefore, the family can claim for a loss of money for additional support
Loss of service: there are chances that a person who expires in an accident may be the service provider of a family. The concerned people will be paid in these circumstances by the other party.
Evidence required for the claim
The fatal accident claims are a bit different than other claims because the victim is no longer alive in it. You need to take a few extra steps in this kind of case and ensure your claims get settled on time. You should try and get
- Photographs of the incident: these will help the court know the exact situation of the accident site.
- Witness statements: the testimonials from witnesses hold great importance in courts because they are neutral and unbiased.
- Police report: the police generally look into an accident immediately. You can use this police report as a reference to back your statement officially.
- Medical reports: the medical reports show that the victim was potentially healthy and the death was caused because of the accident
Additional things to keep in mind:
Things do not go to court immediately
People usually think that a financial claim directly goes to court. However, this isn’t true. The victim’s family and the defaulter usually hold negotiation on their own first. The victim’s family proposes a settlement amount and they see if it is just. However, things go to court if the other party does not agree to pay the settlement amount, which rarely happens. In such a situation, both the parties will have to agree to the decisions made by the court as a final verdict.
Do not be hasty
Another important thing to keep in mind is that you need to be patient. The fatal accident claims are a bit more complex than conventional claims, which makes it quite harder to get settled without the assistance of an expert solicitor.
All that said, it is clear that these fatal accident claims can often be difficult to manage because of so many subjective changes. We suggest that you hire a professional solicitor especially if you want to make a Fatal Accident Claim in Scotland. HD Claims is among the leading firms that can offer you assistance in such cases.
How do I start a Fatal Accidents Compensation Scotland claim?
Contact us for a no-obligation consultation. We know how to provide sensitive legal help to people who have lost a loved one in a terrible accident. We’ll let you know if you’re eligible once we get the details.
Your initial actions are handled by us and we contact the person responsible for the tragic injury to seek compensation for grief and any associated accident losses. So you don’t have to worry, our staff will keep you informed on the status of your claim. To start your Fatal Accidents Compensation Scotland claim call us on 0141 2801112. Alternatively fill out the short enquiry form.
