What Is A Fatal Accident & How Direct Solicitors Can Help With Fatal Accident Injury Claims?
“This is a severe type of accident that causes the death of an individual — a death results either by accident or directly by a criminal act.”
Grieving for the loss of a loved one is difficult to cope with and often the death of a loved one can cause a financial strain, which is something nobody deserves at such a devastatingly traumatic time.
Adjusting to life without your partner or spouse may take some time and depending on your circumstances they may have been the main source of income, meaning you were reliant on them. We understand that this can result in a very stressful and worrying situation.
Financial strain can also be caused by the loss of a non-dependant family member due to expenses such as funeral costs and legal fees etc. unexpected costs can have a large impact on your finances.
Whilst we realise no amount of money will ever ease the loss of a family member but if you were to claim compensation for a fatal injury it could support you financially and reduce any pressure the loss of your loved one has had on your finances leaving you to deal with the more important things.
Understandably, it may be difficult to speak with someone regarding a fatal injury but our experienced legal team is here to speak with you on a confidential basis about your experiences whenever you are ready to do so.
With our many years of experience dealing with claimants who have had similar circumstances, you can be assured yours in the right hands. Our team will provide you with the help, advice and guidance you need before making any decision.
If you would rather we contact you fill out our online form and we can call you when you’re ready.
What Is Fatal Accidents Act 1855?
“An Act to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong.”
Am I eligible to make a fatal injury claim?
Many people are unsure about their rights and eligibility when it comes to compensation, therefore, it is understandable for you to be unsure if you are able to make a compensation claim on the behalf of your loved one.
Our legal advice team is trained and experienced and here to help you gain the understanding you need, answer any questions you have and tell you if you are eligible to make a claim. We will speak with you on a no-obligation basis so there is no pressure to make a claim.
In order for us to understand the situation, we will need to gain information such as when, where and how the accident occurred and who was at fault.
If the passing away of your loved one due to an accident has happened in the last 3 years and it wasn’t their fault then it is likely we can help you. Understandably, you may not want to speak with anyone yet, but we’re here to help you when you are ready and if you decide you want to proceed with a compensation claim we can guide you through the entire process and get your claim set up in one quick phone call.
What Is a Bereavement Award?
A bereavement award under the Fatal Accidents Act 1976 is a compensation claim for personal injury made following the illegal/unlawful death of an individual involved in an accident due to someone else negligence. Legal bereavement damages of £12,980 are awarded in successful compensation claims at court.
The most common charge that a personal injury claim solicitor will argue against the negligent party will be under the tort law of carelessness/negligence. ‘Bereavement damages’ is the payment fixed by law for the trauma and grief experienced when someone dies as a result of wrongful actions by someone else.
What Are Bereavement Damages and Who Can Claim?
It’s a fixed amount, but it is essential to know it is only available to a minimal number. Your exact circumstances will need to be looked at, but it is usually confined to the husband or wife or Civil Partner. There are some other possible factors to be aware of;
If you were a cohabiting couple and were together for more than two years, you should be able to make a claim Where the individual who has died under 18 years of age – and they’re not married – then a parent may obtain any bereavement payment
What is the process for making a claim?
Taking the first step to make a claim for a fatal injury starts by giving our legal advice team a call. We can provide you with free advice and support ensure you’re aware of your options.
When you contact our team we will speak with you on a confidential, no-obligation basis so you will never be pressured into making a claim. However, if you do decide you want to proceed we can get everything set up in a quick phone call and inform you of the entire process and what the next steps will be once your case is assigned to one of our experienced solicitors.
What Happens If You Die At Work?
If your loved one have had died at work and want to make a claim against your employer or even if you have had any other type of work accident, then you will be protected via UK law. Dismissing or treating you differently for making a personal compensation claim for an accident at work is illegal and therefore, if this were to happen, you would be able to take legal action against them.
You won’t have to worry about your employer being left out of pocket either, all employers have to take out “employer’s liability insurance” to cover things like compensation claims such as this. Therefore, any compensation claimed would be paid against the insurance company.
Will I Have To Go To Court For A Fatal Injury Claim
This is a common concern, but don’t worry not all cases result in Court proceedings, in fact around 98% of cases are settled without the need to attend to Court. In the unlikely event, your case will have to go to Court our solicitor will be available every step of the way to provide you with guidance and support.
When making a claim for a fatal accident, there are two different types, you can either make a dependants claim, which is the type of claim you would make if you were reliant on your loved one e.g. income. Or you can make a victim’s claim (on the victim’s behalf).
What is a Dependant’s claim?
If you were supported by or entirely reliant upon the income of your lost loved one then you would be able to make a dependant’s claim. Meaning, you can put forward your case and recover the loss of the partial or entire financial support you were receiving from your loved one.
The family members who can claim a dependant’s claim include:
- Former husband/wife
- Parent or guardian
- A child or a person treated as such
- The cohabiting couple who have lived together for at least two years
- Brother or sister
- Aunt or uncle
- A child of a brother or sister, aunt or uncle
What is a Victim’s claim?
This is when compensation can be claimed on behalf of the person that died.
Meaning, you can make a claim for any financial loss incurred between the time of the accident and their passing. You may be able to claim back for treatment costs due to the injury they sustained or any time off work.
As well as financial losses you may also be able to claim compensation for the pain and suffering your loved one experienced due to the accident.
If you would like to find out more regarding claiming for the death of a loved one or find out if you have a claim then contact our team today on 08000 250 250.
What types of fatal accidents are there?
Any type of accident or form of negligent behaviour, if severe enough, can lead to a fatality. This being said, there are some accidents that are more probable to lead to this devastating outcome including:
- Reckless driving at speed, this is a common cause of road traffic accidents and common type of fatal accident
- Various types of workplace accidents such as falling from a height or due to dangerous machinery
- Work-related illnesses (industrial diseases) including asbestosis or carbon monoxide poisoning
- Medical negligence, a mistake, misdiagnosis/delayed diagnosis or any other type of medical negligence can result in the loss of a loved one
If you cannot see your loved one’s experiences in the above, don’t worry, they are just examples and it is still likely we can help you. If your loved one has been involved in a fatal accident that wasn’t their fault, call our legal advice team and find out how we can help. Or if you are not ready to talk just now fill out our online form and we can contact you.
We’re here for you with support and tailored advice
If you are dealing with the loss of someone close to you we here to provide you with the legal advice you need. If you’re unsure and you have a claim, not sure if you want to claim or know you want to proceed, contact our team.
Our legal advice team is fully trained and experienced to deal with your call, with their experience they can appreciate how difficult this time is and how hard it may be to speak about the situation and the loss of your loved one.
We can take the basic information at this stage, so don’t worry too much about finding all the finer details, the information we do take can help us help you with your case and find out what you want to do.
All our calls are confidential and under no-obligation.
Whilst on call our legally trained advisor will be able to tell you if we feel you are eligible to make a claim. Then, providing you are happy to continue, our advisor can get your claim set up quickly and easily.
Once your case has been assigned to one of our experienced solicitors they will contact you and guide you and your family, through the entire process and do a majority of the paperwork for you, giving you the time you need to focus on your recovery.
How Much Compensation Can I Claim For a Fatal Accident?
Every case has its individual circumstances, therefore, there is no set amount so we cannot tell you how much you will receive at this stage. However, we do understand that this can be a deciding factor when making a decision to pursue a claim.
Our claims compensation calculator can give you an estimate so you can have a bit of a guideline.
If you want to discuss the circumstances of your claim then contact our legal advice team today on 08000 250 250 to find out how Direct Solicitors can help you.