Fatal Accident Claims for Compensation

Fatal accidents are tragic events that not only cause profound emotional distress but also bring significant financial and legal challenges to the bereaved families. When a loved one dies as a result of someone else’s negligence or wrongful act, those left behind may have the right to pursue a fatal accident compensation claim.

This legal process aims to provide compensation for the losses and damages suffered due to the untimely death. Understanding the intricacies of fatal accident claims is essential for families seeking justice and financial relief in the wake of their loss.

At Beacon Law, we understand the emotional toll that a death of a loved one can have on a victim’s family. We aim to provide guidance and support to those looking to make a fatal accident claim in such a difficult time.

Common accidents that lead to fatal accident claims

Unfortunately, fatal accidents can occur in many different circumstances. At Beacon Law, we often deal with fatal accident claims. In our experience, some of the most common types of accidents that lead to fatal accidents include:

• Road Traffic Accidents- Many road traffic accidents, including car accidents, pedestrian accidents, and cyclist accidents, can lead to fatal injuries. If someone, such as a close relative or dependant, has sustained fatal injuries from a road traffic accident, you could be entitled to compensation.
•  Accidents At Work:  Fatal accidents in the workplace can occur when health and safety regulations are not followed. This often occurs in industries involving manual labour, such as construction, warehousing, and manufacturing. Typical incidents include lifting heavy objects, dangerous machinery, and slips, trips, and falls. 
• Slips, Trips And Falls In Public Places-  Public places, shops, and private properties can be hazardous if not properly maintained. Wet floors, uneven surfaces, and obstructions can cause individuals to slip, trip, and fall, leading to fatal injuries.
• Sports accidents: Engaging in sports or recreational activities, particularly contact sports like rugby or activities involving high physical demand, can sometimes result in fatal injuries. Improper techniques, lack of protective gear, and accidents during play can cause these injuries.
• Medical Accidents: Errors during medical treatments, such as surgeries, can sometimes lead to fatal injuries. Misdiagnosis or improper handling of patients can exacerbate existing conditions or cause new injuries.  
• Violent Assaults: Physical assaults or other acts of violence can lead to fatal injuries, including traumatic brain injuries, spinal cord injuries, and internal organ damage.

What happens following a fatal accident?

After the date of death, a Judicial Inquiry is heard before a coroner to investigate the details of death following the accident. Once this is done, the coroner will provide a conclusion about the cause of death. Finding out the reason for death will help you make a Fatal Accident Act claim for compensation, especially if it has been concluded that a third party may be responsible for the death.

Legislation related to fatal accident claims

There are two different pieces of legislation that provide elements to a fatal accident claim:

The Law Reform (Miscellaneous Provisions) Act 1934 allows an action to be brought on behalf of the deceased’s estate for:

• Pain and suffering for the period between injury and death
• Any financial losses incurred by the deceased between the date of the accident and the date of death
• Funeral expenses (if they were paid for by the deceased’s estate)

The Fatal Accidents Act 1976 allows an action to be brought on behalf of the dependants of the deceased for:

• Financial support from the person who died
• Loss of services from the deceased
• The ‘intangible’ benefits of a parent/spouse

Who is eligible to make a fatal accident claim?

Fatal accident claims can be made by a dependant. A dependant can be:

• Spouse or Partner: The legal spouse or civil partner of the deceased.
• Children: Biological children, adopted children, and sometimes stepchildren or other dependents.
• Parents: In some cases, parents of the deceased may be eligible, especially if they were financially dependent on the deceased.
• Siblings: Brothers and sisters of the deceased, particularly if they can prove financial dependency.
• Personal Representatives: Executors or administrators of the deceased’s estate.

What is the process for making a fatal accident claim?

During your initial consultation, our specialist solicitors will provide you with legal advice about fatal accident claims and will inform you about the relevant limitation rules.

Our personal injury lawyers will then ask you for details about the accident and the initial injuries that were suffered as a result. This will help our injury lawyers to assess the likelihood of your claim being successful.

During these initial stages of your fatal accident claim, it is vital that you gather the relevant evidence to support your claim. Our solicitors can help to obtain CCTV footage of the incident, medical records, accident books, photographs of the injuries, and witness statements.

If we think that your fatal accident claim would be likely to succeed, we will offer a no win, no fee basis; if your claim is unsuccessful, you will not be required to pay any legal fees. We understand that making a claim during such a difficult time can be hard, and our solicitors will do everything they can to support you.

How long do fatal accident claims take to settle?

Fatal injury claims can be time consuming, and how long a claim takes can differ based on several factors. For example, if the other party denies liability, cases may take longer before a decision is made. Straightforward claims can be settled in weeks, while complex cases can take years. Therefore, it is essential that you contact a solicitor as soon as possible to get the process started.

How much compensation could I receive?

In the UK, the compensation from a fatal accident claim can vary widely depending on the circumstances of the case. There is a statutory bereavement award, which is a fixed sum of bereavement damages paid to specific relatives of the deceased. The value of this sum is currently estimated at £15,120.

The total amount of compensation can vary greatly depending on factors such as the deceased’s age, earning capacity, the number of dependents, and the extent of financial dependency. Therefore, it is advisable to consult with a legal professional who specialises in fatal accident claims to get a more precise estimate based on the specific details of a case.

What are the time limits for making a fatal accident claim?

In the UK, the time limits for making a fatal accident claim are governed by the Limitation Act 1980. The general rule is that a claim must be made within three years of the date of death or within three years of the date when the cause of death was known or ought to have been known.

If the cause of death was not immediately apparent, the three-year period may start from the date when the cause of death was discovered or when it ought reasonably to have been discovered. If a dependent making a claim is under 18 at the time of death, the three-year limitation period does not start until they reach their 18th birthday.

It is crucial to seek legal advice as soon as possible if you believe you have a claim, as starting legal proceedings promptly can help ensure that all necessary evidence and documentation are available and that the claim is processed efficiently.

How can Beacon Law assist?

Beacon Law is a leading personal injury law firm that offers a range of personal injury claim services to our clients, including fatal accident claims. We provide a high level of service to all our clients and work hard to ensure they receive the appropriate treatment and highest level of compensation for their injuries.

We work closely with all of our clients, following their instructions whilst providing specialist legal advice on each case. We aim to support all our clients throughout a time that is already difficult and give the best-case management possible throughout all legal proceedings.

If you have lost a loved one in a fatal accident and are looking to make a claim, please contact us on 0330 1332 857. Alternatively, please complete our online form, and a fatal accident expert will contact you to help you start your claim.

Beacon Law are a Solicitors registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.