In this guide, we’ll be looking at what types of fatal injury compensation you could be eligible to receive after a loved one has passed away as a result of third-party negligence.
Further down in the guide, we’ll be discussing the types of compensation that you could be due, following a successful claim. As well as this, we’ll be exploring who can make a claim after a loved one has passed away, and the eligibility criteria that you’ll have to satisfy.
If you’d like to learn more about fatal injury compensation, then you can use the contact information below to get in touch with our team of advisors. In just one call you can get an understanding of the steps that you’ll have to take to receive compensation.
Contact us by:
- Calling us on 0161 696 9685
- Enter your details into the contact us section of our website
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Choose A Section
- When Are You Eligible To Claim Fatal Injury Compensation?
- Top Tips On Claiming Fatal Injury Compensation
- Fatal Accident Claims – What Types Of Accidents Could Lead To A Claim?
- What Fatal Injury Compensation Could You Recieve?
- Use Our Panel Of Personal Injury Claim Solicitors To Claim
- Learn More About The Personal Injury Claims Process
It’s important to note that you would only be able to claim if you can prove that the fatal injury was caused by third-party negligence. The Law Reform Miscellaneous Provisions Act 1934 allows the estate of the deceased to claim for their pain and suffering, as well as for the benefit of any dependants, for the first six months after death. If this hasn’t happened within the first six months, dependants of the deceased can then make a claim for the way the death has impacted them, but not for the pain and suffering of the person who passed away. The Fatal Accidents Act 1976 states that other dependants can include:
- A husband, wife or civil partner (current or former)
- Someone who lived with the deceased for at least two years prior to their death as spouses, and who still lived with them at the time they passed.
- A parent or other ascendant of the deceased, or anyone who was treated as their parent.
- A descendant or child of the deceased, or someone who was treated as their child because of a relation through marriage or civil partnership at any time.
- The brother, sister, aunt or uncle of the deceased, or the child of any of these relations.
For more information on the eligibility criteria that applies to claiming fatal injury compensation, use the contact information above.
In order to successfully receive fatal accident compensation, you’ll have to provide sufficient evidence proving third-party negligence. Potential types of evidence that can help to prove that the injured person was harmed by a breach of duty of care include:
- CCTV footage of the accident
- The results of a post-mortem or of an inquest into the death
- A police report (if applicable)
- A report from an accident book
If you’re struggling to gather evidence, then a solicitor could help. Speak with our team today to see if you could be connected with a legal representative from our panel.
In order to receive fatal injury compensation, you’ll have to prove that the death came about because of negligence. This means that the third party in question:
- Had a duty of care to the deceased
- Breached their duty of care in their actions or inactions
- Caused the fatal injury as a result of this duty of care being breached
Beloe, we will give specific examples of the types of accidents that could lead to someone bringing a fatal accident claim forward.
Road Traffic Accidents
Every road user has a duty of care to act in a way that prevents harm on the road. The Highway Code and The Road Traffic Act 1988 outline how road users should behave on the road. In the case that this duty of care is breached, you could make a claim after a road traffic accident.
A road traffic accident caused by driver negligence could lead to a fatal injury through:
- A driver fails to check all of their mirrors when reversing, causing them to collide with a pedestrian resulting in a fatal chest injury.
- A driver is under the influence of alcohol and drugs whilst driving. Because of this, they’re driving on the wrong side of the road, resulting in a head-on collision with another vehicle.
Accidents In A Public Place
The Occupiers Liability Act 1957 explains that all occupiers of public spaces have a duty of care to the members of the public that use their facilities for the intended purpose. They must ensure the reasonable safety of visitors. An “occupier” is the party in control of a space.
Examples of how an accident in a public place could lead to a fatal injury include:
- The party in control of an indoor shopping centre fails to carry out maintenance on the mezzanine level despite cracks appearing in the structure of the building. It collapses, causing fatal falls for members of the public
- A piece of equipment in a gym is faulty but has not been removed from the gym floor. A member of the public uses it and sustains a serious head injury that proves fatal.
Accidents At Work
Your employer has an automatic duty of care to you. This is outlined in the Health and Safety at Work etc. Act 1974. Employers have a duty of care to take reasonable and practicable steps to ensure the safety of their employees. In the case that this doesn’t happen, resulting in an injury, a workplace accident claim could be made.
Cases of this occurring include:
- An employer fails to provide Personal Protective Equipment (PPE) where necessary, resulting in an employee sustaining fatal burn injuries.
- An employer knowingly provides an employee with a faulty ladder. As a result they fall from it and sustain a fatal spinal injury.
If you’re still unsure of the eligibility criteria to receive fatal injury compensation, then you can use our contact information to get in touch with our team to learn more.
Fatal injury compensation could include a payment for the pain and suffering caused to the deceased prior to their death. This is called general damages, and as we’ve already mentioned, this can only be claimed for by the deceased’s estate.
Solicitors can use the Judicial College Guidelines (JCG) to help them assign a value to the pain and suffering caused. That these figures cannot be guaranteed, however, as general damages have to be looked at on a case-by-case basis.
|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 and problems coping with all aspects of life.|
|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 Contribute To Your Fatal Accident Compensation Amount?
Certain qualifying relatives can also claim a bereavement award, which is a lump sum of £15,120. This amount can be claimed by certain qualifying relatives, which can include:
- A husband, wife or civil partner
- Someone who cohabited with the deceased for 2 years before they passed away as spouses
- The parents of the deceased if they were an unmarried minor
If more than one qualifying relative claims the bereavement award, then the amount will be split between them.
As well as this, a settlement in a fatal accident claim could also include the following payments:
- Funeral costs
- Loss of services payments. This is a payment to account for services that the deceased provided that now need to be paid for (for example, DIY or taking children to and from sports clubs)
- Financial dependency. This accounts for the impact of the loss of the deceased’s income.
- Loss of consortium. This accounts for the loss of companionship or the loss of a special person.
For more information on what compensation you could receive, contact our team of advisors.
Providing that you have a valid claim, you can choose to make a claim through our panel of solicitors. By doing so you’ll be working under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
When working with a lawyer in this way, you won’t be expected to pay any upfront or continuous fees for your representation. Also, in the case that you’re unsuccessful in your claim, you won’t have to pay anything for the work your lawyer completed on your case.
However, if you’re successful in your claim, you’ll have to pay a success fee to your solicitor. This is a percentage that is legally capped. This is outlined in the Conditional Fees Agreements Order 2013.
For more information, or to begin this process, you can contact us by using the following contact information. In just one call you can begin the process of receiving legal representation from our panel of solicitors.
Contact us by:
If you’d like to learn more about fatal injury compensation, you can do so by reading more of our guides below:
- £150,000 Compensation Payout For A Fatal Injury
- £200,000 Compensation Payout For A Fatal Accident
- Who Must Be Informed If A Fatal Accident Occurs At Work?
Alternatively, you can use the following links to learn more:
- Statutory Sick Pay (SSP)
- Mind- Bereavement guidance
- Royal Society for the Prevention of Accidents (RoSPA) – Our Vision and Mission
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