A guide to making a No Win No Fee fatal accident claim
Compensation will not be foremost in the minds of the bereaved, but urgent financial support may be needed to help with funeral arrangements, living expenses and to safeguard the long term financial security of dependants.
Building a robust case for a compensation claim is one area that can be handled both compassionately and efficiently by a specialist solicitor.
The following article discusses the fundamentals involved in making a compensation claim following a fatal accident. For more information, Quittance offer a free consultation to discuss your options and advise on the best way to proceed.
Fatal Accidents Act 1976
The Fatal Accidents Act 1976 is the legislation under which close relatives can claim compensation for the death of someone involved in a fatal accident, where that accident resulted from the negligence or wrongful act of another party.
Claims can be pursued under the act in the following categories:
Often the largest part of awarded damages, this sum is awarded to those who were dependent on the victim's income; this may be a partner or children and the amount will depend upon their income.
The compensation award may also consider any employment-related benefits provided by the deceased, including future pension loss, a company car, healthcare benefits, mobile phone usage and other allowances.
The law allows any 'Dependant' to seek compensation for any losses resulting from a fatal accident.
A Dependant may be a:
- parent of the deceased
- child of the deceased, including adopted and stepchildren
- husband, wife, or civil partner of the deceased
- ex-husband, wife, or civil partner of the deceased
- co-habiting partner who was effectively living as a husband or wife of the deceased for 2 or more years before their death
- brother, sister, uncle, aunt, niece or nephew
Bereavement expenses can also be claimed. In March 2013 the statutory bereavement award was increased by 10% from £11,800 to £12,980.
If multiple parties are claiming the statutory bereavement sum, e.g. two parents, then the amount is divided equally.
Bereavement awards will be payable only to the wife or husband of the deceased, or the parents of the deceased if the victim was under the age of 18, never married and was living at home.
The bereavement award is paid in addition to the dependency award.
Compensation can also be sought for any loss of financial support that the dependants would have received had the relative not died. This compensation takes the form of payments made by the Department of Work and Pensions. These payments are complex and subject to change.
At the time of writing, benefits include a bereavement payment, a bereavement allowance and a widowed parents allowance. A solicitor will be able to advise further and we recommend that you contact your local benefits office for more information.
Funeral Expenses and actual financial losses
Actual financial losses may include items such as caring for the injured person before death, funeral expenses and other administrative costs associated with the estate.
In cases where a period of time elapses between the accident and the death, considerable costs may be incurred, such as the cost of adapting a home to be suitable for care, nursing help, medical treatment and travel costs.
Compensation for any loss of services usually provided by the deceased such as car repair, DIY or decorating may be claimed for, in the form of 'dependency for services'.
Compensation following a criminal act
If the death was a result of a criminal act then a claim can be made against the Criminal Injuries Compensation Authority (CICA). CICA is only able to pay compensation to immediate family, i.e. children and parents. Other relatives including siblings cannot claim.
Can a solicitor help with an inquest?
Often after a fatal accident there will be an inquest to determine the cause of death. The process will include the collation of evidence and documents obtained from the coroner or police. The inquest may be inconclusive and further detailed investigations may take place in order to determine whether the death was the fault of another party.
A solicitor can help by guiding guide you through this process and representing you at the inquest.
Fatal accident claims advice
Our panel of solicitors have significant expertise in working with bereaved family members to secure the best possible compensation settlement.
Claims for fatal accidents occurring at work and on the roads have been successfully pursued. Medical accidents and negligence such as mistakes made by surgeons or anaesthetists, or incorrect medication doses or prescriptions have also been brought.
If you have any questions at all, or would like to discuss your options in more detail, a member of Quittance's panel of specialist solicitors is available for a confidential consultation. Call us on 0800 612 7456 or arrange a callback at a more suitable time for you.
Time limits for making a fatal accident claim
For the majority of personal injury claims, Claimants have three years from the date of the injury to make their claim.
In the case of a fatal accident, the injury does not need to have been immediately fatal to qualify for compensation. The law governing fatal accident time limits has been set down in the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976. The legislation sets the time limit as three years from the date of the injured person's death, provided that the injured person would have been able to make a claim themselves on that date.
This area can be complex and there are exceptions. Our panel of solicitors are ready to help discuss the details of your case, to help you explore your options and to confirm whether a claim may be made.
Quittance's solicitors recommend an initial no-obligation consultation to discuss your options. You will be able to ask any questions about the often-complicated process of making a claim following a fatal accident.
To arrange a free consultation, or just to discuss your circumstances, call us on 0800 612 7456 or arrange a call back at a time that suits you.