In this guide, we’ll be discussing who can bring a fatal accident claim forward. There are several criteria relating to seeking compensation after a fatal accident, which we will explore in more detail throughout our guide. Additionally, we illustrate the time limits that can apply and the evidence that can be sought to strengthen a claim.
Later in this guide, we’ll be looking at the variety of different scenarios that could lead to a person sustaining a fatal injury in an accident.
Certain third parties owe a duty of care and if they fail to uphold this, resulting in the death of a loved one, compensation could be sought to address the impact the injury has had. We will look at the settlement that could be awarded following a successful claim in more detail throughout this guide.
If you’d like to learn more about the process of beginning a wrongful death or fatal accident claim, you can get in touch by:
- Calling us on 0161 696 9685
- Filling out the ‘contact us’ form on our website
- Chatting with one of our advisors by using the live support bubble.
Who Can Bring A Fatal Accident Claim Forward?
Choose A Section
- Who Can Bring A Fatal Accident Claim?
- What Type Of Accidents Could Lead To A Fatal Accident?
- What Fatal Accident Compensation Amount Could You Receive?
- Evidence That Could Help In Claims For A Fatal Accident
- Use Our Panel Of No Win No Fee Solicitors To Claim
- Learn More From Our Guides On Fatal Accidents
Who Can Bring A Fatal Accident Claim?
The Law Reform (Miscellaneous Provisions) Act 1934 makes it possible for the estate of the deceased person to claim for the deceased’s pain and suffering. They can also claim for the impact of the death on any dependants. They are the only party who is allows to launch a claim for the first 6 months after the death.
Additionally, The Fatal Accidents Act 1976 allows dependants to claim for the impact that the death has had on them. Dependants are defined as:
- A husband, wife, or civil partner.
- Someone who lived with the deceased as spouses for at least two years prior to their death.
- A parent or other ascendant of the deceased, or anyone who was treated as their parent.
- A child or other descendant of the deceased or someone who was treated as their child due to a marriage or civil partnership.
- The brother, sister, uncle or aunt of the deceased or any of their children.
If you have any questions about who can make a fatal accident claim, get in touch with our team of advisors on the number above.
What Type Of Accidents Could Lead To A Fatal Accident?
In order to make a fatal accident claim, you’ll have to prove that third-party negligence occurred. This means that:
- A third party owed a duty of care,
- Breached their duty of care,
- This breach led to someone sustaining harm.
The following sections will explore the duty of care certain third parties owe you and the ways it could be breached leading to a fatal accident.
Road Traffic Accidents
Road users owe a duty of care to prevent themselves and others from experiencing harm by navigating the roads in a responsible way. This is outlined in the The Road Traffic Act 1988. There is also guidance on the different responsibilities each road user has in The Highway Code.
Examples of how a road user could breach this duty of care include:
- A driver doesn’t check their mirrors when reversing. As a result, they knock a cyclist off their bike and cause them to sustain fatal injuries.
- A motorcyclist operates their vehicle under the influence of drugs. This leads to them running over a pedestrian on the pavement.
In cases where negligence on the part of a road user can be proven, a fatal car accident claim could be made.
Accidents At Work
As set out in The Health and Safety at Work etc. Act 1974, employers owe a duty of care to their employees. This means that they need to take reasonable and practicable steps to prevent employees from experiencing harm in the workplace.
Examples of the types of accidents that could occur as a result of an employer failing to uphold this duty include:
- An employer provides an employee with a faulty ladder. As a result, they fall from the ladder while working at a height.
- An employer fails to provide an employee with a hard hat to reduce the risk of harm while they are working on a construction site. As a result, the employee sustains a severe head injury.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 outlines how the party in charge of a public space has to ensure the reasonable safety for those that use the public space for its intended purpose. This means they need to assess potential risks and follow health and safety procedures to prevent members of the public becoming harmed.
A failure to do so could lead to an accident involving someone falling down the stairs and sustaining a fatal spinal cord injury due to inadequate lighting.
To discuss who can bring a fatal accident claim forward, please get in touch using the number above.
What Fatal Accident Compensation Amount Could You Receive?
A claim could be made to seek compensation for the pain and suffering caused to the deceased prior to their death.
Solicitors can use the Judicial College Guidelines to assist them in calculating the value of the award. We have included these in the table below. However, you should be aware that the first entry in the table is not from the JCG.
| Injury | Guideline Compensation Brackets | Notes |
|---|---|---|
| Death with add on claims | Up to £550,000 and over | This accounts for the compensation awarded for the pain and suffering of the deceased as well as dependency payments such as loss of earnings and services. |
| Tetraplegia (also known as Quadriplegia) | £324,600 - £403,990 | Factors such as age will be considered when valuing the award given. |
| Paraplegia | £219,070 - £284,260 | Compensation for paraplegia will depend on the presence of pain and life expectancy as well as other issues. |
| Very Severe Brain Damage | £282,010 - £403,990 | The level of award is affected by several factors, such as life expectancy and the extent of physical limitations. |
| Severe Psychiatric Damage | £54,830 - £115,730 | A very poor prognosis. |
| Death - Full Awareness | £12,540 - £23,810 | Between four and five weeks there are fluctuating levels of consciousness and intrusive treatment followed by death within 3 months. |
What Else Could You Receive?
Other forms of compensation could be claimed, such as:
- Funeral costs, such as the cost of a headstone
- Loss of services, such as childcare
- Financial dependency, such as a loss of earnings if the family was dependent on the deceased for income.
Additionally, certain dependents can qualify to receive a bereavement award under the FAA. This is a sum of £15,120. If more than one person claims this, it is split. It can be awarded to:
- A husband, wife, or civil partner.
- Someone who lived with the deceased as spouses for 2 years before they passed away.
- If the deceased was an unmarried minor, their parents.
- If the deceased was an unmarried minor born out of wedlock, the mother.
For more information on the settlement that could be awarded following a successful fatal accident claim, get in touch on the number above.
Evidence That Could Help In Claims For A Fatal Accident
There are several pieces of evidence that could help to strengthen a fatal accident claim, such as:
- CCTV footage of the accident
- A copy of medical records, such as doctor reports
- A copy of the post-mortem examination report
- Photographs of the accident
- The contact details of any potential witnesses.
A solicitor from our panel could help with the process of accessing this evidence. To learn more about the services they are able to offer, please get in touch using the details provided above.
Use Our Panel Of No Win No Fee Solicitors To Claim
Providing that you have a valid case, you could choose to make a fatal accident claim with help from a No Win No Fee solicitor on our panel. They could offer you a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
Under a CFA, no payment will typically be expected upfront or ongoing for a solicitor’s services. As well as this, in the case that a claim fails, no fees for their services will be required.
In the case of a successful claim, a success fee will be taken from the compensation. This is a legally capped percentage as per the Conditional Fee Agreements Order 2013.
For more information on who could bring a fatal accident claim forward, get in touch with an advisor. They can also assess whether a solicitor from our panel could help with the process of seeking compensation.
To get in touch:
- Call 0161 696 9685
- Fill out the ‘contact us’ section of our website
- Chat with one of our advisors by using the live support bubble
Learn More From Our Guides On Fatal Accidents
For more of our guides relating to fatal accidents:
- £200,000 compensation payout for a fatal accident
- What is the typical amount of fatal accident compensation paid out?
- Who to inform if a fatal accident occurs at work?
For more external resources:
- Health and Safety Executive (HSE) – Fatal accident at work statistics
- Think! – Advice for road users
- GOV – Statutory sick pay
Thank you for reading this guide on who can bring a fatal accident claim forward. If you have any questions, please get in touch using the details provided below.
Page by SL
Published by NL