In this guide, we’ll be looking at how you can use fatal accident solicitors to make a successful claim after a loved one passed away due to third-party negligence.
To begin, we will look at the advantages of working with No Win No Fee solicitors in claims such as these. While it’s not legally required for you to seek legal representation in order to make a claim, you may find it useful to use the services of a No Win No Fee solicitor. We also explain exactly what No Win No Fee means.
Further in this guide, we’ll be discussing some different scenarios that could entitle someone to make a fatal accident claim. We’ll also be exploring the compensation that could be awarded in successful cases.
If you have any further questions or want to learn more about the process of receiving compensation after a fatal accident, then you can contact us by using the following information.
Contact us by:
- Calling us directly on 0161 696 9685
- Fill out the contact us section of our website
- Chat with one of our advisors by using the live support bubble
Choose A Section
- How Could Fatal Accident Solicitors Help You Claim?
- Who Can Make A Fatal Accident Claim?
- What Accidents Could Lead To You Make A Fatal Accident Claim?
- What Compensation Could Be Received From Fatal Accident Claims?
- Our Panel Of Fatal Accident Solicitors Could Help You Claim
- Learn More About Your Potential Fatal Accident Compensation Amount
If a loved one has suffered a fatal injury as a direct result of third-party negligence, then you could be entitled to make a claim and you might find the process easier with a solicitor. Whilst this isn’t required, there are a variety of benefits that you could encounter when using one, including:
- Sending important claims correspondence
- Helping you build your case
- Contacting potential witnesses
- Keeping you updated on the status of the claim
- Giving you a realistic timescale of the claim
- Providing you with an estimate of the compensation you could receive
If you would like to see if you have a valid claim, get in touch using the contact details above. If your case is legitimate, you could be connected with a No Win No Fee solicitor from our panel.
The Law Reform Miscellaneous Provisions Act 1934 allows the estate of the deceased to claim for their pain and suffering. For the first six months after the death, it’s important to note that only the estate of the deceased person can make a claim. However, they can make this claim both for the pain and suffering the deceased experienced, as well as for the impact that the death had on certain surviving relatives (known as dependants).
If a claim has not been made within the first six months, dependants of the deceased can also make a claim; however, they can’t receive compensation for the pain and suffering of the deceased. The Fatal Accidents Act 1976 allows dependants to claim for the impact that the death has had on them.
This legislation states that dependants include:
- A husband, wife, or civil partner
- Someone who lived with the person who passed away as spouses, and did so for at least 2 years leading up to their death
- The parents or other ascendants of the deceased.
- A child or other descendant of the deceased, or someone that was treated as a child because of a relationship through marriage or civil partnership (whether current or former).
Potential Evidence In A Fatal Injury Claim
Potential types of evidence that could help you when making a fatal accident claim include:
- CCTV footage of the accident
- Medical records of the deceased
- The results of a post-mortem or inquiry into the death
- The contact details of potential witnesses so that a statement can be obtained
Providing you have a valid claim, one of the fatal accident solicitors from our panel can assist you in gathering any evidence that could be helpful to your claim.
In order to make a fatal accident claim, you’ll have to prove that your fatal injury was the result of third-party negligence. To do this, you’ll have to satisfy the third party in question:
- Had a duty of care to the deceased
- Breached their duty of care
- Caused or contributed to the deceased’s death because they breached their duty of care
Below we will give specific examples of fatal accidents that could result in you being able to make a fatal accident claim after a loved one has passed away.
Accidents In A Public Place
Those in control of public spaces have a duty of care to every member of the general public that uses their facilities for the intended purpose. They must ensure the reasonable safety of visitors. This duty of care is established in the Occupiers’ Liability Act 1957.
Some examples of an accident in a public place leading to a fatal injury can include:
- An occupier of a public space misses a risk assessment and therefore fails to properly maintain a railing, resulting in a person leaning on it and falling from a height, sustaining a fatal head injury.
- An occupier fails to put together a fire evacuation plan in a supermarket. This means that when a fire breaks out, someone is unable to leave the building in time and dies from their injuries.
Road Traffic Accidents
Every road user has a duty of care to prevent injuries to themselves and others while using the road. This is outlined in The Road Traffic Act 1988. The Highway Code also provides guidance for conduct that you should be aware of whilst using the road, some of which are legal requirements.
Potential examples of fatal car accidents include:
- A driver is under the influence of illegal drugs, which causes them to travel on the wrong side of the road and collide with another vehicle user head-on.
- A driver is travelling far above the speed limit. This means that they are unable to stop in time for a pedestrian crossing the road, and they collide with them, resulting in fatal injuries.
Accidents At Work
Employers have an automatic duty of care to their employees. This is outlined in The Health and Safety at Work etc. Act 1974, which details how employees have to take reasonable and practicable steps to ensure the safety of the workplace, environment, equipment and facilities to prevent injury to employees. In the case that this duty isn’t upheld, a fatal accident claim could be made. Here’s a guide which can help you understand how much compensation can be gotten for a fatal accident at work.
Examples of fatal accidents at work include:
- An employer fails to provide necessary Personal Protective Equipment (PPE) to their employees, for example, hardhats on a construction site, which causes a fatal head injury.
- An employer fails to provide training where necessary when using dangerous equipment. This results in the equipment being misused and an accident occurring.
A settlement in a successful fatal accident claim could include compensation for the pain and suffering of the deceased. 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. Note though that these figures cannot be guaranteed, as this head of claim is valued on a case-by-case basis.
|Guideline Compensation Brackets
|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 services and earnings.
|Tetraplegia (also known as Quadriplegia)
|£324,600 – £403,990
|Factors including age, and severity will be taken into consideration when determining the value of this bracket.
|£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
|This level of award will be dependent on many factors including the physical symptoms of the brain damage, and the life expectancy following.
|Severe Psychiatric Damage
|£54,830 – £115,730
|A very poor prognosis
|Death – Full Awareness
|£12,540 – £23,810
|There is changing consciousness and intrusive treatment between 4 to 5 weeks, followed by death within 3 months.
What Other Losses Could You Be Compensated For?
Relatives can also claim for a bereavement award, which is a lump sum of £15,120. This amount will be split across different people, 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.
As well as this, our team of advisors could also help you receive compensation for:
- Funeral costs
- Loss of services. For example, if the deceased performed services that you now need to pay for, you could claim this back.
- Financial dependency if the loss of the deceased’s income has impacted you.
- Loss of consortium. This is a payment to account for the loss of a special person or loss of companionship/a romantic relationship.
For more information on what compensation you could receive, contact our team of advisors. If you have a valid claim, they could connect you with one of the fatal accident solicitors from our panel.
Providing that you have a valid claim, you can choose to receive representation from our panel of fatal accident solicitors. You could be offered a Conditional Fee Agreement (CFA) which is a type of No Win No Fee agreement. These types of agreements come with a variety of benefits.
Firstly, when working with a lawyer in this way, you won’t be expected to pay any upfront or continuous fees for your representation. As well as this, typically you won’t have to pay anything for the services of your solicitor if you’re unsuccessful in your claim.
However, in the scenario that you’re successful in your claim, you’ll have to pay a success fee. This is set out in The Conditional Fees Agreements Order 2013, and the percentage that your lawyer can take is legally capped.
If you’d like to begin the process of receiving representation from our panel of fatal accident solicitors, you can use the contact information below to learn more:
Contact us by:
- Calling us directly on 0161 696 9685
- Filling out the contact us section of our website
- Chatting with one of our advisors by using the live support bubble
If you’d like to learn more about fatal accident claims, you can read more of our guides below:
- £200,000 Payout For A Fatal Accident
- What Is The Typical Amount Of Fatal Accident Compensation?
- Who Can Bring A Fatal Accident Claim Forward?
Alternatively, you can use the following links to learn more:
- Royal Society for the Prevention of Accidents (RoSPA)
- Health and Safety Executive (HSE) – Fatal accident at work statistics
To see if you could work with one of the fatal accident solicitors from our panel on your claim, speak with an advisor today.
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Published by NS