Examples Of Fatal Accidents – Check When You Could Claim

This guide will examine various examples of fatal accidents to provide information on who could be eligible to bring a claim following the death of a loved one. If you were dependent upon the deceased and their death has impacted your life, continue reading to find out what fatal injury compensation could cover.

Examples of fatal accidents

Examples of fatal accidents guide

To bring forward a claim for a fatal accident, you must prove that someone else’s negligence caused the injuries that led to the person’s death. Negligence is the breach of a duty of care that causes injury. Later in this article, we will look at who owes a duty of care and how they could breach it.   

Therefore, we will discuss the process of making a wrongful death compensation claim. We have included a compensation table as a guide to settlement amounts covering the deceased’s pain and suffering. Also, we will discuss how working with a solicitor under a No Win No Fee agreement could benefit your claim.  

Speak to a member of our team to make an enquiry. Our advisors are available 24 hours a day, 7 days a week, to give free and confidential legal advice. They can offer insight into liability and eligibility and provide some examples of fatal accidents that could be claimed for.  

Don’t hesitate to get in touch:

  • Call us on 0161 696 9685
  • Write to us on the live chat feature on this page
  • Contact us by filling out our online contact form

Select A Section

  1. What Is A Fatal Accident Claim?
  2. Examples Of Fatal Accidents
  3. Evidence In Fatal Accidents
  4. How To Claim For A Wrongful Death
  5. Examples Of Fatal Accidents Claim Payouts
  6. Begin Your Compensation Claim

What Is A Fatal Accident Claim?

A fatal accident claim compensates certain qualifying parties for the death of a loved one due to negligence. To be eligible to bring forward a claim, the following must be true:

  • Someone owed your loved one a duty of care
  • They breached this duty of care
  • As a result of this breach, your loved one sustained a fatal injury. 

There are two pieces of legislation governing fatal accident claims; these are the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) and the Fatal Accidents Act 1976 (FAA)

In relation to the deceased’s estate, the LRMPA allows a claim to be brought forward for the pain and suffering the deceased experienced before death. Furthermore, the FAA allows qualifying relatives to claim for the effects the death has had on them.      

In the next section, we will provide different examples of fatal accidents. However, if you have any questions, please don’t hesitate to contact one of our advisors. 

Examples Of Fatal Accidents

Various examples of fatal accidents include:  

  • A fatal accident at work – The Health and Safety at Work etc. Act 1974 (HASAWA) outlines an employer’s duty of care to carry out reasonably practicable steps to ensure the safety of their employees. Therefore, to provide an example, a workplace injury could be caused by an employer failing to carry out maintenance in due time, leading to a piece of machinery malfunctioning and causing an employee to suffer a fatal head injury
  • A road traffic accidentThe Highway Code describes road users’ responsibility to navigate the roads safely. The law backs some rules of The Highway Code. Furthermore, drivers and cyclists can be charged under the Road Traffic Act 1988 for driving offences. Subsequently, a fatal car accident could be caused by another road user’s negligence if they are, for example, speeding or driving under the influence of alcohol. 
  • An accident in a public place – Under the Occupiers’ Liability Act 1957, the body responsible for a public space owes its visitors a duty of care to keep them safe on the premises. They are expected to carry out maintenance and repairs in due course. 
  • Medical negligence – All medical professionals, such as doctors, nurses and pharmacists, owe patients a duty of care to provide the correct standard of care. Therefore, if you can prove a medical professional provided the wrong medication or misdiagnosed an injury or illness due to negligence, which caused the fatality of a loved one, you could be eligible to claim. 

Statistics On Fatal Accidents

The Health and Safety Executive (HSE) website presents workplace accident statistics that employers have reported under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) in 2021/22. This includes:

  • 123 workers were fatally injured in total across all industries. 
  • Falls from a height caused 29 of these injuries. 
  • Being struck by a moving vehicle caused 23 of these injuries. 

Evidence In Fatal Accident Claims

There are several pieces of evidence that could be used to support a claim if a loved one has lost their life in a fatal accident. For example:

  • Photographs of the accident scene.
  • A police report (if applicable).
  • An accident report (for example, if the fatal accident occurred at work, then this might need to be reported to the HSE).
  • Medical reports. These could be used to prove the level of pain and suffering that the deceased experienced before they died.
  • Results from an inquest or post-mortem.

For more information on the evidence that could support a compensation claim, speak with an advisor today. They could explain when some examples of fatal accidents could form the basis of a claim.

How To Claim For A Wrongful Death

Only the deceased’s estate can bring a claim in the first six months after the death. This could account for both the dependants and the suffering of the deceased. Alternatively, if the estate does not bring forward a claim in the first six months, the dependants are then allowed to make a claim for the impacts of the death on them; this does not include the pain and suffering of the deceased.   

Therefore, the FAA explains who could qualify as a dependant. This could include, but is not limited to, the deceased’s spouse, civil partner, a parent or someone treated as their parent, a child, or a sibling. 

It is also important to consider the relevant applicable time limits when making a fatal accident claim. You generally have three years from the date of the death or from the date of knowledge to start your claim. 

Speak to one of our advisors to enquire about the process of making a claim. They will be able to provide advice on various examples of fatal accidents.   

Examples Of Fatal Accidents Claim Payouts

A fatal accident claim could include compensation for the pain and suffering of the deceased. Therefore we have used the Judicial College Guidelines (JCG) to create the table below. These figures were last updated in April 2022. Legal professionals, such as fatal accident solicitors, refer to the JCG to help them value settlements.

Edit
Type of Harm Notes Compensation Amounts
Fatality with add-on claims The figure awarded could include a payment accounting for both the deceased person’s suffering and pain and payment for losses affecting dependants, including loss of service. Up to £550,000 or over
Tetraplegia (also called Quadriplegia) The amount awarded may consider whether the person feels physical pain, is aware of their disability, and the extent to which their life expectancy is affected. £324,600 to £403,990
Paraplegia Different considerations will affect the amount awarded in this bracket, such as the person’s age, their life expectancy and the presence of pain. £219,070 to £284,260
Very Severe Injury Resulting from Brain Damage – (a) The injured person will require full-time nursing care. The person may be capable of following basic commands. However, there will be little evidence of meaningful responses to the environment, if any. £282,010 to £403,990
Severe Psychiatric Harm – (a) The person will have marked problems coping with education, work and daily activities. This will affect their relationships. The prognosis will also be very poor. £54,830 to £115,730

The figures in this table are a guide. The unique details of each case determine the award. 

Furthermore, certain qualifying parties could receive compensation for: 

  • Bereavement – Section 1A of the FAA lays out the conditions of the bereavement award, which can compensate certain qualifying parties. This is a fixed figure of £15,120 covering the bereavement, which will be split if two parties claim it.
  • Dependency – Such as loss of earnings, loss of a special person and loss of service.
  • Funeral expenses.

To find out more about the amount of compensation that could be awarded for different examples of fatal accidents, contact a member of our team. 

Begin Your Compensation Claim

To begin your fatal accident compensation claim, we recommend seeking legal advice. A legal professional could help you to navigate the claims process and build your case. 

Moreover, choosing to enter into a Conditional Fee Agreement (CFA), which is a type of No Win No Fee Agreement, will eliminate the financial concern of paying upfront or ongoing fees for a solicitor’s services. Consequently, if your claim is unsuccessful, you will not have to pay for the services of your solicitor. 

Alternatively, a No Win No Fee solicitor will take a small percentage of the compensation if your claim is successful, called a ‘success fee’. The law places a cap on this percentage, preventing a solicitor from overcharging you. 

Speak to one of our advisors today for an assessment of your claim. If they find you may have a valid case, they could put you in contact with one of the No Win No Fee solicitors from our panel.   

You can:

  • Call us on 0161 696 9685
  • Write to us on the live chat feature on this page
  • Contact us by filling out our online contact form

Examples Of Help with Fatal Accidents Claims

Take a look at more of our guides on fatal accidents:

More useful sources for information:

Thank you for reading this guide on examples of fatal accidents. If you have any enquiries, please contact us using the details above.

Page by AN

Published by NS