Examples Of Fatal Accidents And Compensation Payouts

This guide will provide different examples of fatal accidents to explain how you could be eligible to claim compensation following the loss of a loved one. Additionally, we will look at how a duty of care could be breached, causing someone to be injured. 

Examples of fatal accidents

Examples of fatal accidents guide

Two central pieces of legislation governing fatal accident claims are the Law Reform Miscellaneous Provisions Act 1934 (LRMPA) and the Fatal Accidents Act 1976 (FAA). The LRMPA outlines how the estate can make a claim on behalf of the deceased for the pain and suffering they experienced before death. Furthermore, the FAA creates an avenue for certain qualifying loved ones of the deceased, referred to as “dependants”, to claim for the impacts the death has had on them. 

This guide will explain how a fatal accident could occur and who could be liable. Moreover, we will look at the different forms of fatal injury compensation that certain parties could qualify for following the death of a loved one. 

Please speak to our team of advisors to make any enquiries. They are available 24/7 to provide you with confidential and free legal advice. Also, they could assess your claim, which, if they find it eligible, could cause them to place you in contact with one of the No Win No Fee fatal accident solicitors from our panel.    

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  1. Examples Of Fatal Accidents
  2. What Is The Most Common Type Of Fatal Accident?
  3. How To Claim For A Fatal Accident
  4. Examples Of Fatal Accidents Compensation Payouts
  5. Contact Us About Your Case

Examples Of Fatal Accidents

Some examples of fatal accidents that people could experience include fatal road traffic accidents and accidents at work or in public places. In each of these situations, someone owes a duty of care.

If this duty is breached, causing a person harm, it is called negligence. Continue reading to learn more about how negligence could be the cause of a fatal accident in these different situations.  

Fatal Road Traffic Accidents

Road traffic accidents could cause serious injuries, which in the most severe cases could be fatal. While navigating the roads, every road user has a duty of care to behave responsibly and adhere to the relevant legislation to keep themselves and other road users safe.

The Highway Code provides guidance and rules, some of which are backed by laws, to promote the safe use of roads by all users. Additionally, the Road Traffic Act 1988 is a central piece of legislation under which road users could be charged for driving offences. 

Examples of ways a road user could breach their duty of care:

  • Driving over the legal speed limit.
  • Ignoring traffic lights or road signs.
  • Driving after drinking over the legal limit of alcohol.

If a road user breaches their duty of care, it could result in a fatal car accident.

Fatal Accidents In The Workplace

If your loved one was fatally injured in a workplace accident, it could be a result of employer negligence. The Health and Safety at Work etc. Act 1974 (HASAWA) states that employers are required to take reasonably practicable steps to ensure the safety of their employees. Section 2 outlines these responsibilities, which include:

  • Providing proper training to employees.
  • Ensuring maintenance and repairs are carried out in a reasonable time.
  • Making sure risk assessments are carried out.
  • Providing personal protective equipment (PPE) that is deemed necessary to reduce safety risks.

If an employer fails to comply with health and safety laws, causing an employee to be fatally injured, this could lead to a fatal accident compensation claim.

Other Types Of Fatal Accidents

Finally, fatal accidents could also occur in public places. The party in control of the public space must comply with the duty of care defined by the Occupiers’ Liability Act 1957 to ensure the safety of visitors to the space. A visitor could sustain an injury if they breach this duty of care.

If you would like to enquire about examples of fatal accidents, or bringing forward a fatal accident claim, speak to a member of our team.  If your case is valid, you could be connected with a No Win No Fee solicitor from our panel. 

What Is The Most Common Type Of Fatal Accident? 

It is difficult to determine the most common type of fatal accident, given that they can occur in various settings; however, the Health and Safety Executive (HSE) provides useful statistics regarding fatal injuries in the workplace in Great Britain, 2022. Employers need to report certain injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). These reports are used to create the following statistics: 

  • In 2021/22, 123 workers were killed in work-related accidents.
  • 30 of these deaths occurred in the construction sector.
  • 22 deaths occurred in each of the Agriculture, forestry and fishing sector and the Manufacturing sector.
  • Falls from a height caused the most fatal injuries to workers in 2021/22 at 29.
  • Also, work-related accidents killed 80 members of the public in 2021/22.

How To Claim For A Fatal Accident

In the first six months following a fatality, only the estate of the deceased person can bring forward a claim, which can cover the pain and suffering of the deceased as well as the impact on the dependants. However, after six months have passed, if the estate has not made a claim, the dependants can then bring forward a claim for the impact of the fatal accident on their lives. To clarify, dependants will not be able to claim for the deceased’s suffering in their capacity as dependants.

Dependants who could bring a claim under the FAA may include the deceased’s:

  • Spouse
  • Civil partner
  • A person who has been cohabiting with the deceased person for the past two years as spouses
  • A parent or person treated as the deceased’s parent
  • Brother or sister
  • Uncle or aunt
  • A child or descendant, or someone treated by the deceased as their child, such as stepchildren

If you would like to discuss further examples of fatal accidents, contact a member of our team. They could advise you on whether you could be eligible to make a claim. 

Examples Of Fatal Accidents Compensation Payouts

Firstly, in a claim for compensation following the death of a loved one due to negligence, an amount could be awarded to cover the pain and suffering of the deceased.

Below we have created a table using the sixteenth edition of the Judicial College Guidelines (JCG) to provide guide figures. Solicitors and other legal professionals use the JCG the value fatal accident settlements.

Type of Harm Details Compensation Bracket
Fatality with add-on claims This award could compensate for the deceased’s pain and suffering in addition to losses affecting dependants, such as loss of income. Up to £550,000 or over
Quadriplegia Various factors will determine the amount awarded in this bracket, such as the extent of the pain felt by the person, life expectancy and the presence of any respiratory issues. £324,600 to £403,990
Paraplegia Various factors will determine the amount awarded in this bracket, such as the psychiatric impact, life expectancy and the degree of independence the person will have. £219,070 to £284,260
Very Severe Brain Damage The person will show little or no meaningful response to their environment. There will be double incontinence and a requirement for full-time medical care. £282,010 to £403,990
Severe Psychiatric Damage The person will have a very poor prognosis. They will suffer marked problems coping with daily life. £54,830 to £115,730

Other forms of compensation that could be claimed for a fatal accident include: 

  • Bereavement award – this is a fixed figure of £15,120. Certain parties can be compensated for the bereavement. The conditions and details of who is eligible for this are laid out in Section 1A of the FAA. 
  • Loss of earnings – if you depended upon the deceased’s income. 
  • Funeral costs – if eligible.
  • Loss of services – this compensates for past and future services the deceased would have performed, such as helping with children. 
  • Loss of a special person, also known as loss of consortium – accounts for the loss of companionship. 

Contact our team of advisors if you would like to learn more about the various forms of compensation that could be awarded for different examples of fatal accidents. 

Contact Us About Your Case

Firstly, we will discuss the advantages of using a No Win No Fee solicitor under a Conditional Fee Agreement (CFA) to help you navigate the claims process. Although it is not required of you, using a solicitor could prove beneficial for your claim. 

Under a No Win No Fee agreement, you will not make any payments for your solicitor’s services upfront or during the course of your claim. Furthermore, you will not pay for their services at all if your claim is unsuccessful.

On the other hand, say your claim is successful, your solicitor would take a small percentage of the compensation, referred to as a ‘success fee’. The law caps the amount a solicitor can take. 

If the examples of fatal accidents or the information we have provided have left you with any questions, contact our team of advisors. They are available 24 hours a day, 7 days a week, to help you at a time convenient for you. Begin your claim with us today. 

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Examples OF Fatal Accident Claims You Could Make

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We hope this guide to different examples of fatal accidents has provided you with the required information. 

Article by EX

Publisher ET