Fatal Accidents Acts Limitation
Fatal Accidents Acts Limitation – Regardless of the circumstances, there is nothing more emotionally devastating than losing a loved one. Aside from the emotional pain, you will have financial challenges if you were financially dependent on the deceased. However, you can claim for compensation to get help with the changing circumstances.
People typically exercise this option when they suffer damages owing to someone else’s faults. However, seeking compensation in fatal accident claims can be extremely complex and traumatic. Hamilton Douglas Legal understands the grief you and your family are going through, therefore we employ our experienced fatal accident solicitors to process your claim and provide you reasonable compensation as soon as possible.
Fatal accidents can happen anywhere; from roads to workplaces. Not all fatal accidents are because of another party’s negligence, but those that are can be claimed.
Fatal Accidents Acts Limitation – When Can You Make A Fatal Accident Compensation Claim?
Fatal accident claims are different from other personal injury claims. This is because this compensation can be received through two routes. The fatal accident compensation can be claimed by the deceased’s estate or dependents under the Fatal Accident Act 1976.
Mostly, these are the same groups of people; spouse, children, or parents of the dead person. The two paths aren’t mutually exclusive, and most typically, the deceased’s heirs will follow both simultaneously.
How much can I claim for Bereavement?
Each claim is valued based on its own merit and the circumstances of each case. Compensation can never replace a loved one, and pursuing such claims is not always easy for families. You can hold the negligent person or company accountable by making a civil compensation claim. To make such a claim as simple as possible, HD Legal will do everything we can.
Who can claim under Fatal Accidents Act?
The “estate” is the beneficiary of the dead person. These are the people who have the entitlement to the assets of the deceased on their death. The beneficiaries are identified in the deceased’s will, or if no will is left, according to the rules of inheritance.
In most circumstances, the deceased’s estate includes close family members like spouse, children, or parents. The estate’s claims are usually for damages that the deceased could have recovered on their own if they were living. If the event was not caused by someone else, the compensation is decided similarly to other personal injury cases. For instance, if it happened on the office premises, the employer at work will be held liable. Second, the estate must show that the deceased died as a direct result of the accident. Finally, the estate must show that it had the right to sue the party at fault when the deceased died.
You cannot sue for wrongful death compensation if the dead was entirely at fault for the accident.
Who can claim damages for bereavement?
A fatal accident claim in Scotland is intended to provide the deceased’s family with enough money to live near to the same standard of living as if their loved one was still alive and earning. Courts usually go through a three-stage process to find the appropriate compensation amount:
- The court will estimate the deceased’s income (salary, pension, allowances, benefits, and more) and subtract it from their projected expenditures. The remaining amount will be set for the family and will be called the “multiplicand”
- Multiply this by the expected number of years that the claimant was financially dependent on the deceased. This is the “multiplier”
- Appropriate adjustments will be made to the multiplier and multiplicand based on the circumstances of the family.
This dependency claim under the Fatal Accident Act is not just the largest, but also the most challenging. That’s why you should always obtain legal advice from a specialist to maximise your compensation. Get in touch with Hamilton Douglas Legal and get all your legal matters resolved without any hassle. Read our Fatal Accident claims guide for more information.
