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Fatal Accident Compensation & Fatal Inquest Solicitors.
Losing a parent, child or another member of your family as a result of a fatal accident, or, due the negligent behaviour of someone, is always going to be an extreme and emotionally devastating time.
It is possibly the toughest situation any of us could face. A Fatal Accident Claim for financial compensation will likely be furthest from your mind, but sadly, when faced with such a sudden loss, some families may need to consider their financial welfare earlier than anyone would wish; even though this will no doubt be an extremely difficult thing to do.
With stress and anxiety often magnified when death occurs through the fault of another person or organisation, it will be of no immediate consolation to know your rights surrounding Fatal Accident Compensation or to even consider making a claim.
The specialist lawyers here at Lanyon Bowdler have years of experience dealing with tragic accidents, and we understand the despair caused by losing a loved one involved in a fatal accident. We also appreciate how upsetting it can be to hear that the accident was due to the fault or negligence of another person, perhaps a reckless driver, an employer or even a medical professional.
If additional and immediate financial burden is placed upon the victim’s family because of the terrible loss suffered, then considering making a Fatal Accident Claim should be discussed with our team as early as possible. We completely understand this will not be easy, but money worries are the last thing you and your family should suffer, when the time to care for one another, grieve and adjust, should be your only priorities.
Even when financial well-being is not a concern, perhaps where the accident involves the loss of a child. You are still entitled to claim Fatal Accident Compensation, and we are here to help and listen when you are ready and able to talk.
We are proud of our reputation as a friendly, caring law firm, and our experienced lawyers will guide you through the whole process of a compensation claim, as well as any Coroner’s inquest hearings that might be necessary.
What is a Fatal Accident Claim?
A Fatal Accident Claim is the legal process of seeking compensation after the death of a loved one. It is important to distinguish the two main types of claims you can make for a fatal injury: a dependant’s claim and a victim’s claim.
Dependant’s Claim
This is the type of claim you can make if you depended financially on the deceased as outlined in the Fatal Accident Act 1976. This will usually include family members, children, spouses or ex-spouses, or long-term partners.
Victim’s Claim
If your loved one has died after an injury which has affected their finances before passing away, you may be able to seek compensation for their pain and suffering, as well as any costs and losses they had incurred.
You may also qualify to receive a Statutory Award for Bereavement. If you’re unsure of what you could be entitled to in your Fatal Accident Claim, contact our solicitors today, and find out how Lanyon Bowdler can help you reach the best possible outcome when dealing with such distressing cases.
Your Fatal Accident Claims Questions Answered
If a third party was at least partially to blame for the accident, then the dependents of the victim are eligible to claim compensation. Under UK law, dependants include:
- Children (biological children, adopted children, children through marriage or civil partnership)
- Spouses (or ex-spouses)
- Civil partners
- Partners who have been cohabiting for two or more years
- Parents and certain other relatives (including grandparents, great grandparents and those treated by the deceased as a parent. Brothers, sisters, cousins, uncles, aunts, nieces and nephews
Under the Fatal Accidents Act 1976, dependants can claim for the loss of financial support, and supplementary benefits such as pensions, bereavement compensation for the pain and suffering of the deceased and their family (certain dependants only), funeral expenses and loss of help with domestic tasks such as childcare.
Financial losses for dependency contribute most towards Fatal Accident Compensation settlements. This applies where the deceased leaves family members who have historically depended on their income. Generally applying to children of the deceased or a spouse, the compensation calculation will be commensurate with the income level of the deceased and may also consider other aspects of income and financial welfare such as pensions, healthcare plans, bonuses, company cars etc.
We understand that claiming financial compensation will not be at the forefront of your mind following the death of a loved one in a fatal accident, or from an industrial disease or due to medical negligence. But compensation can be vital to maintain financial security for those people who have lost their partners and it can take an important weight off their minds at a very difficult time.
It is a legal right to claim compensation when an accident is caused by someone’s negligence, helping to replace the loss of income, pay for household services and compensate for pain and suffering both physical and emotional.
The specialist solicitors here at Lanyon Bowdler will provide compassionate and sympathetic legal support, providing all the advice you need to make an informed decision regarding your future needs.
Fatal Accident compensation claims can also be made on behalf of the victim. In some cases, your loved one may have had a period of incapacity or illness before death as a result of the accident or incidence of medical negligence. This may have incurred costs associated with medical treatment and is certain to have led to the victim being unable to work and earn.
You could be entitled to claim compensation for the suffering they experienced at the time of their accident.
To get the very best advice at this challenging time, call one of our trained and qualified serious injury compensation claims solicitors, they will listen carefully and compassionately to your questions and take time to discuss your options.
If you are seeking compensation for a wrongful death or fatal accident, you must generally start legal proceedings within 3 years from the death. This is usually true even if the deceased had already begun a claim for their injuries before their death.
There are many factors which may affect your time limit to make a claim for a fatal accident. Our specialist solicitors can help you if you’re unsure about the validity of your claim. Contact us today to start the process of claiming for a wrongful death caused by the negligence of a third party.
In addition to what Fatal Accident Compensation provides through general and special damages, a Statutory Award for Bereavement can also be made. This is separate from the amount that can be claimed as a dependent of the deceased.
Where a fatality has occurred through the fault or negligence of another party, the statutory award for bereavement is payable by the third-party even where there is no loss of income or other benefits by the dependants. Bereavement damages are designed to compensate the bereaved families for the death, but do not necessarily account for their financial dependency on the deceased.
This award is only payable to parents of a deceased child or the spouse, or civil partner, of the victim.
The Fatal Accident Act 1976 makes no specific reference to funeral expenses, but it is universally recognised that dependents can make a claim for costs incurred surrounding funeral services following the death of a loved one following a fatal accident.
While such an award will be limited and may not cover all costs associated with the ceremony, it will at least make provision for financial support in what are difficult times. The minimum award in such a circumstance is £3,000 with the maximum being £10,000.
If the fatal accident in question was sudden, violent or unexplained, the State may decide to launch an inquest. The specialists here at Lanyon Bowdler are able to guide you through the process from start to finish, contacting all relevant authorities, from HM Coroner to an NHS Trust, and will attend the inquest on your behalf if you would like support or do not wish to be present.
The inquest process is intended to establish the circumstances leading up to the fatal accident and determine the cause of death. Although the proceedings may provide answers to many of the grieving family’s questions about why the accident happened, it will not assign blame to any individual, company or public body.
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What is the process of claiming for a fatal accident?
Your best first step is contacting us. Our expert Fatal Accident Solicitors will be able to guide you through the process of a compensation claim for a wrongful death with expertise and compassion.
The process of making a Fatal Accident Claim is similar to cases of personal injury or medical negligence compensation. You must prove the same basic facts:
- The injury, in this case fatal, was caused by the negligence of a third party.
- The party responsible for the fatality owed the deceased a duty of care.
- The negligence the responsible party exhibited represented a breach of their duty.
We will work for you to build a strong case to prove these points based on all the evidence available. This may include medical records, witness testimonies and other documentation.
Once we have collected all the evidence necessary, we can calculate how much compensation you deserve for the death of a loved one, and begin negotiations with the other party. This normally does not require a court hearing, however, if it does, we will fight for your right to be compensated for your loss.
Contact Lanyon Bowdler’s Fatal Accident Solicitors
Please get in touch with a member of our team if you have any queries regarding a fatal injury claim. Our serious injury solicitors are approachable and very experienced, so will be able to discuss your case sensitively from the outset.
The circumstances surrounding a fatal injury case can create complex and challenging legalities. Filing such a claim while emotions are still raw and during the process of grieving, clearly makes the whole process very difficult.
It is a situation none of us would choose to face, but when the loss of a loved one occurs traumatically and due to somebody else’s negligence, you and your family deserve justice and compensation for your loss. We can offer advice on making a ‘no win, no fee’ Fatal Accident Claim while talking through your circumstances.
By choosing Lanyon Bowdler, you can rest assured that you have the best legal expertise no matter what the situation. Our team has vast experience in all areas of serious injury and personal injury claims, and we are committed to providing exceptional levels of client care. We always act with the utmost discretion and you will be treated with sensitivity and understanding, as we work closely with you to find the best outcomes.
We have offices in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry and Telford, regularly acting on behalf of clients across Shropshire, Herefordshire, Mid and North Wales and throughout the Midlands, including Birmingham and Wolverhampton. As a leading full-service law firm in Wales, however, we can represent you wherever you live in England or Wales, so don’t hesitate to take advice from the serious injury law experts.
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