Fatal Accident Negligence Claims
The death of a loved one in an unnecessary accident is truly devastating, and can open up all sorts of feelings – uncertainty, grief, fears for the future. Nothing can fill the hole that a loved one leaves when they pass away, and they can never be replaced. Whilst we understand the depth of your loss, we also know that it is important to be compensated for it too. In a world of uncertainty, it can provide some much-needed peace of mind and financial security.
Fletcher Serious Injury knows this only too well, but we also know how bruised and vulnerable you’re likely to feel at this time. That’s why we will handle your case with the greatest care and consideration. We will deal with conversations surrounding your loss very delicately and make sure we explain the process of dealing with a fatal accident claim sympathetically.
What is a Fatal Accident Negligence Claim?
A civil fatal accident claim for compensation (or damages, as it is sometimes called) is designed to make the surviving family as financially secure as they would have been if the accident had not happened.
The three main types of fatal accident claims that we deal with are:
- Road traffic accidents
- Medical accidents
- Accidents at work
If you have lost a loved one due to a preventable accident, we understand what a difficult time you are going through. At Fletchers Solicitors, our team of legal experts are fully trained to sensitively discuss your situation with you, to determine the financial loss that you may suffer from due to the loss of your loved one. We will fight for your compensation for you, and take as much stress out of this situation as we can.
Different types of Fatal Accident negligence claims:
Fatal Accident claims can be split into three different parts:
Funeral and Associated Expenses
The funeral costs, the cost of any headstone, property damaged in the accident and any insurance policy excess can all be recovered. Don’t let an insurance company dictate the kind of funeral you should hold. As long as we can provide evidence that the funeral was not excessive or over the top, then all the expenses mentioned above can be recouped with a successful claim.
If the fatal accident took place on or after the 1st April 2013, the bereavement damages are a set figure of £12,980. According to law, only a married spouse, parents of a deceased legitimate child under 18, or the mother of a deceased child under 18 who was illegitimate can claim this compensation.
A dependency claim needs to establish that you were dependent on the deceased and that you would have carried on being dependent in some way had he or she not met with a fatal accident.
These types of fatal accident negligence claims apply to:
- The spouse, civil partner, or former spouse of the deceased
- A person who was living with the deceased as though they were married for at least two years before the date of death
- A parent, grandparent or great grandparent of the deceased
- Anyone who was treated by the deceased as their parent
- The brother, sister, uncle, aunt, niece, nephew or cousins of the deceased
- Any child or other descendant of the deceased who was treated as a child of their family
If you have lost a loved one due to an avoidable accident, and fit into any of the above conditions, you may be eligible to claim for compensation. At Fletchers Solicitors, we will fight your battles for you and do everything we can to get you and your loved ones the justice you deserve. We place our clients and their families at the heart of everything we do, treating each case individually.
Who can make a Fatal Accident Claim?
The personal representative of the deceased, or the executor of the estate, usually make the Fatal Accident claim. The personal representative of the deceased (usually a spouse, parent or adult child) will need to get a Grant of Probate (if there is a will) or a Grant of Letters of Administration (if there is no will) so that they can deal with the deceased’s estate and financial affairs.
If there’s a will, the appointed representative from that will be the Executor of the Estate; if there isn’t then an Administrator will be appointed. Some banks and financial institutions will also deal with the deceased’s affairs without a Grant being obtained if the estate is worth less than £15,000.
Is there a time limit on making a Fatal Accident negligence claim?
Any fatal accident negligence work claim that you make should be done within three years of the date of death though some exceptions do apply and our experienced legal advisors will be able to discuss these with you.
If you’re unsure about the timescales of your claim or if there is any ambiguity around the details of your claim, we recommend you speak to one of our legal advisors free of charge on 0330 013 0251.
If you feel there have been failures in your care, then don’t hesitate to get in touch.