If you are considering making a fatal accident claim, you may be wondering how to find fatal accident solicitors to help you through the process. In this fatal accident claims guide, we will explain how a solicitor from our panel could be beneficial to your case.
We will also discuss evidence in fatal accident claims, and how a solicitor could help you strengthen your case. Following this, we will explain the compensation that could be awarded and the different payments that could make up a fatal accident settlement amount.
Our team of friendly advisors are here to help if you have any further questions surrounding fatal accident solicitors. In am initial no-obligation consultation, an advisor from our team can provide free legal advice and an evaluation of your claim. To get started:
Select A Section
- The Benefits Of Fatal Accident Solicitors?
- When Could You Claim For A Fatal Accident?
- Evidence Supporting Fatal Accident Claims
- What Could You Claim For A Fatal Accident?
- Our Panel Of Fatal Accident Solicitors Work On a No Win No Fee Basis
- Learn More About Working With Fatal Accident Solicitors
Solicitors can provide help and guidance during the claims process that could be beneficial. For example, a solicitor could help ensure that all aspects of your claim are properly evaluated. This can include properly evaluating all losses and ensuring they are reflected in your compensation.
A solicitor can also help put your mind at ease by answering any questions you have about the claims process. They can also help you build your case by assisting you in collecting evidence, such as witness statements and CCTV footage.
Our panel of fatal accident solicitors are here to help. Get in touch with our team of advisors today to learn more.
To claim for a fatal accident, the first step is establishing that negligence caused or contributed to the death of your loved one. To do this, you have to be able to prove that they were owed a duty of care and passed away because this duty was breached.
Legislation Affecting Eligibility To Claim
For the first six months after someone passes away because of negligence, only the deceased’s estate can bring forward a claim. This claim can include compensation for the pain and suffering they endured before their passing, but it can also include payments for the deceased’s dependents. In this case, both payments will come together to form one lump sum. This is set out by the Law Reform (Miscellaneous Provisions) Act 1934.
If the estate does not make a claim on behalf of the dependents within this timeframe, then the dependents can claim for themselves under the Fatal Accidents Act 1976 (FAA). Under this legislation, dependents are defined as:
- Sisters, brothers, aunts, or uncles of the deceased, and the children of any of these parties
- Descendents, stepchildren, or children of the deceased
- Grandparents, parents, or anyone who acted as a parent to the deceased
- Anyone who lived with the deceased for more than two years immediately prior to the death as their spouse
- Husbands, wives, or civil partners of the deceased, either current or former
Fatal Accident Claim Time Limits
It’s also important to know how long you have to claim. Under the Limitation Act 1980, you have three years to start a fatal accident claim. This can start on the date of death, but it can also start on the date that a postmortem or inquiry connects the death with negligence, called the date of knowledge.
For more information on pursuing a claim under the Fatal Accidents Act 1976 with the help of an expert from our panel of fatal accident solicitors, contact our team. If you do have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
Evidence is an important part of making a claim for compensation after a fatal accident. For example, evidence that could prove beneficial could include:
- CCTV footage: Footage of the accident or of the negligence that caused it can be used as evidence.
- Witness contact details: Requesting the contact details of witnesses allows a professional to take their statements at a later date.
- Medical reports: Medical reports and records can be used to illustrate the injuries your loved one suffered and support a claim for pain and suffering.
- Coroner’s report: A coroner’s report or the findings of an inquest can also be used to support a fatal accident claim.
You can also enlist a solicitor’s help to collect evidence in support of a claim. They may be able to help you find adequate and relevant evidence and can also talk to witnesses on your behalf. Get in touch with one of our advisors to learn more about how fatal accident solicitors could help you.
As previously stated, the deceased’s estate can claim general damages for their injuries and the pain and suffering they endured. When solicitors calculate general damages compensation payouts, they can often refer to the Judicial College Guidelines (JCG). The JCG provides guideline compensation brackets for various fatal and non-fatal injuries, some examples of which you can find below.
JCG Compensation Examples
|Death + Additional claims
|This will cover the injuries suffered by the deceased as well as the pain and suffering they caused, plus other losses under the FAA.
|£324,600 to £403,990
|In this bracket, any effects on the senses is considered, as well as whether or not the person is aware of their disability, and the presence of pain.
|£219,070 to £284,260
|Depression is considered in this bracket, as is the dependence on others for care and the extent of pain felt.
|Very Severe Brain Damage
|£282,010 to £403,990
|There is a need for round-the-clock professional care in this bracket, little remaining language function, and little if any response to the surrounding environment.
|Severe Post-Traumatic Stress Disorder
|£59,860 to £100,670
|There is no ability to function at the level that was achievable pre-trauma. The prognosis is extremely poor.
|Severe Psychiatric Damage
|£54,830 to £115,730
|Severe issues are present in coping with every aspect of life, and the prognosis is very poor.
|Death with Full Awareness
|£12,540 to £23,810
|Initially there is a period of full awareness that becomes a fluctuating level of consciousness over a course of weeks, leading to death within three months.
Alongside this, payments can also be made for the benefit of dependants. These payments can include:
- Loss of services: e.g. if your husband was responsible for childcare, and since his death, you have had to pay for nursery services.
- Financial dependency: This can cover the loss of past or future income.
- Loss of consortium: This addresses losses that can’t be financially valued, like loss of companionship
You could also be eligible to claim a bereavement award under Section 1A of the FAA. This award would compensate the husband, wife, or civil partner of the deceased, or the parent of the deceased if they were an unmarried minor. It’s a payment of £15,120 and this amount will be split if more than one party claims.
To learn more about how fatal accident solicitors could benefit your claim for fatal accident compensation, get in touch today.
Our panel of fatal accident solicitors offer their services on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This typically means that you can access their legal services without paying any upfront fees or ongoing costs as they work on your claim.
Generally, the only fee you will be asked to pay to your solicitor under this form of agreement is a success fee if your claim succeeds. This is a small percentage of your compensation which is capped by legislation to ensure that you keep the majority of what you are awarded. However, if your case does not succeed, then you typically won’t pay any fees to your solicitor.
Speak To Our Team
To find out how a solicitor from our panel could help you on a No Win No Fee basis, get in touch with our team of advisors. Through a free consultation, they can evaluate your claim, and if they identify it to be valid, they may put you in contact with one of our panel’s solicitors. To get started:
For more information on making a fatal injury compensation claim, we recommend:
- Can You Claim Compensation After A Fatal Car Accident?
- How To Make Fatal Accident Claims In Scotland
- Fatal Car Accident Claims
Or, for more helpful resources:
- NHS – Grief after bereavement or loss
- Gov.uk- Applying for probate
- Health and Safety Executive – Workplace fatality statistics
Contact our team today to find out how our panel of fatal accident solicitors could help you.
Article by AA