Fatal Injury Claims
What is a fatal accident claim?
If someone has died as a result of someone else’s negligence, the personal representative of the deceased’s estate can claim for their pain, suffering and loss of amenity between the accident date and the date of the death, and for any financial losses incurred by the deceased prior to their death. Certain categories of people can also claim for a statutory bereavement award currently £15,120, funeral expenses, and loss of the deceased’s income and services as their dependent.
What is the process for a fatal accident claim?
To be successful in a fatal accident claim, you will have to:
(i) Identify the correct Defendant,
(ii) Prove that the Defendant owed the deceased a duty of care,
(iii) Prove that the Defendant breached their duty of care towards the deceased,
(iv) Prove that the breach of duty caused the deceased’s death.
There is a process and timetable the parties are expected to follow for the exchange of relevant information in order to resolve their dispute amicably. However, if the dispute cannot be resolved amicably, court proceedings may be necessary.
Who can make a fatal accident claim?
The estate. The claim on behalf of the estate may be brought by the deceased person’s personal representative. Where the deceased left a will, the executor can bring the claim and may take action on behalf of the estate as soon as the death has occurred. If the deceased died intestate (i.e. without a will) then an administrator must be appointed to bring the claim and cannot properly take any step on behalf of the estate until they have been appointed.
Those entitled to a bereavement award. Only a wife, husband, civil partner, cohabiting partner of at least 2 years, a parent of a deceased child (if the parents were married) or a mother of a deceased child (if the parents were unmarried) are eligible for this award.
Dependents of the deceased. You must come under the legal definition of a ‘dependent’ and you must be able to demonstrate that, if the deceased had lived, you would have received some benefit from them. Both conditions must be satisfied. ‘Dependents’ can be a spouse or former spouse, a civil partner or former civil partner, a cohabiting partner of at least 2 years, a parent or grandparent, a child or grandchild, a brother, sister, uncle, aunt, nephew or niece, a half-blood relative, stepchild or someone treated as a child of the family.
How long does a fatal accident claim take?
Fatal accident compensation claims can take up to 2 years to resolve and may take longer depending on court timetables and the action that is required.
What is the time limit for making a fatal accident claim?
Every personal injury claim has to be settled in 3 years or you need to issue Court proceedings, in a fatal accident claim the 3 years starts to run from the date of death.
How much compensation can I get for a fatal accident claim?
The level of general damages is determined by a number of factors including:
– the nature and extent of the injury,
– the claimant’s awareness of their impending death,
– and the extent of pain, suffering and (if applicable) loss of amenity.
Where there is extensive pain and suffering and disability prior to death, the award will generally reflect the underlying injury or condition and will be significantly higher than the sums which follow.
Where there are serious injuries with full awareness of death for a matter of weeks up to 3 months the award is between £15,000 and £29,000.
Where there are serious injuries followed by unconsciousness after 3 hours and death within 2 weeks the award is between £12,000 and £13,000.
Where there is immediate unconsciousness and death within 6 weeks the award is between £4,000 and £5,000.
Where is immediate or near immediate unconsciousness and death within 1 week the award is between £1,600 and £3,400.