Fatal accident claims

When an accident results in death the legal process that follows is challenging for loved ones. We offer a caring service with practical advice. We can represent families at inquests as part of the process of recovering compensation.

Contact one of our specialist personal injury lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a “no win no fee” agreement.

What compensation can you claim following a fatal accident?

The Law Reform (Miscellaneous Provisions) Act 1934 allows the estate of the deceased to claim the compensation that the deceased was entitled to claim following an accident the moment before they died.

This will potentially include compensation for:

• “General damages” for the pain, suffering and loss of amenity the deceased suffered as a result of the accident before they died
• All financial losses they incurred as a result of the accident before they died.

The Fatal Accidents Act 1976 allows the dependants of the deceased to claim compensation for their losses resulting from the deceased’s death. These may include:

• Funeral expenses
• Bereavement damages can be claimed by certain members of a deceased’s family. This is fixed by law and is currently £15,210 for deaths after 1 May 2020
• Loss of financial dependency on the deceased’s income
• Loss of dependency on any services the deceased provided (e.g. childcare, domestic assistance, DIY).

There are strict rules on who can bring a claim and what they can claim for. Our specialist personal injury lawyers will ensure you claim everything you are entitled to following a loved one’s death.

What happens at an inquest?

An inquest is a public hearing held by a coroner when the circumstances of the death are unclear. The coroner will hear the evidence and reach a verdict as to the cause of death. An inquest is not about apportioning blame.

The family of the deceased are entitled to ask questions at the inquest or be represented by a lawyer. Many relatives are daunted by the prospect of speaking at an inquest so we often represent them. In preparing for the inquest we:

• Obtain copies of the deceased’s medical records and sometimes medical reports
• Discuss with the family their concerns relating to the death and the issues they want raised
• Prepare questions to be put to any witnesses giving evidence.

Important information can come to light during the course of the inquest that can be of use in a subsequent fatal accident compensation claim.

How do I make a fatal accident compensation claim?

Making a fatal accident claim, following the death of a loved one, can be a difficult and emotional process. Our lawyers are here to support you through this challenging time.

At the outset it would be helpful if you provided us with a copy of the death certificate and the deceased’s personal representative will have to obtain the grant of probate (if the deceased left a will) or letters of administration (if the deceased died without a will) to give the personal representative the legal standing to act on behalf of the deceased’s estate. This should not, however, delay you approach us.

Our Personal Injury team will provide a free initial consultation, advising you on whether you have a claim and the best way to proceed. It may be necessary to gather evidence at the very outset, including taking statements from witnesses. We will contact those responsible for the deceased’s accident to seek admission of liability and to secure interim compensation payments to help with the deceased’s loved one’s immediate financial needs. Where liability is denied, we will advise you on the defendant’s case. Our lawyers will gather evidence to help us to prove liability, the injuries suffered by the deceased and the past and future financial losses incurred. We will liaise with the defendant’s representatives throughout and, when we are able to value your claim, negotiate with the other party to avoid court if possible. If court proceedings are necessary, we will deal with all court deadlines and guide you through the process to ensure that you feel comfortable and are able to get on with your life whilst the litigation continues.

How long do I have to make a fatal accident claim?

There is a limitation period for pursuing compensation for injuries arising from personal injury. Court proceedings must be issued within three years of the date of the incident or (if later) three years from the time you first knew, or should have known, that you may have been injured as a result of the incident.

Where a person dies within those three years their personal representatives or dependants must issue court proceedings within three years of either the date of death or the date they knew, or (if later) ought to have known, that the person may have been injured as a result of the incident.

In certain circumstances a claim may be allowed to proceed even if time has run out. However, the important point to stress is that there is a time limit and that a claim, irrespective of its apparent merit, can become time barred. We suggest that you therefore contact us about your potential case as soon as possible.

Can I make a fatal accident claim on behalf of a loved one?

If your loved one has died as a result of an accident which was not their fault, you may be entitled to bring a fatal accident claim. We are usually instructed by the deceased’s personal representative. Claims can be made on behalf of the deceased’s estate and dependants, which may include spouses, civil partners and children. Our specialist personal injury lawyers will advise you on whether you can make a fatal accident claim.

How can our personal injury lawyers help with fatal accident claims and inquests?

Our personal injury solicitors are here to help you every step of the way. We work in a supportive, considered and clear manner to ensure you get the compensation you need to rebuild your life after the death of a loved one.

The breadth of experience in our personal injury team means it is likely that we have already recovered compensation in a case similar to yours. Our experience of dealing with fatal accident cases is extensive.

We have many years’ experience in representing families at inquests for deaths arising out of a range of accidents, including accidents at work and road traffic accidents.

One of our specialist personal injury lawyers will handle your compensation claim and that lawyer will be involved in your case from start to finish. You will have your personal injury lawyer’s direct dial telephone number and email address so you will be able to contact your lawyer without difficulty.

We will give you clear advice on whether you have a claim for compensation at the outset and support you through each step of the process.

• Our overriding aim is to protect your interests and achieve the most advantageous outcome for the long term
• We will make sure your case is fully investigated
• We will focus on your individual requirements. Giving a personal service and acting with sensitivity are important to us
• We will create a team of specialist independent medical experts and a barrister with expertise in dealing with cases similar to your case
• We will make things as easy as possible and guide you through each stage of the process
• We can help you find out why the accident occurred and ensure that the same thing does not happen to somebody else.

Free initial consultation

Contact our team of specialist personal injury lawyers for a free, no obligation, consultation and we will listen to the circumstances of your accident before giving you clear advice on the chance of you recovering compensation. If we think you have a personal injury claim, we can offer you a “no win no fee” agreement to fund your case, giving you the financial security that you will not be “out of pocket” if the case is ultimately unsuccessful.

Call us or fill in our short enquiry form and we will assess your potential claim.

Have you been injured and think someone else was to blame? Our team of expert personal injury solicitors in Kent can help you claim the compensation you deserve. Contact us today for a free initial consultation to see if we can investigate your case with the financial security of a “no win no fee” agreement.

Our personal injury lawyers are here to help you every step of the way. We work in a supportive, considered and clear manner to ensure you get the compensation you need to rebuild your life. If possible, we will help you to access rehabilitation, medical care and support to maximise your recovery.

Our personal injury lawyers have dealt with thousands of personal injury cases, covering all areas of personal injury law, with many cases worth millions of pounds. With a wealth of experience, our team of personal injury lawyers has most likely already dealt with a case similar to yours. We have outstanding knowledge in this field and can offer clear, pragmatic advice.

We are frequently instructed in cases involving:

• Traumatic brain injuries of varying severity
• Serious orthopaedic and spinal injuries
• Functional neurological disorders (“FND”)
• Audio-vestibular injury
• Injuries affecting the senses, most commonly eye injuries
• Injuries to internal organs
• Burns and scarring
• Psychiatric injuries including post-traumatic stress disorder
• Chronic pain
• Mesothelioma, asbestosis and/or pleural thickening resulting from asbestos exposure.

One of our specialist personal injury solicitors will handle your compensation claim and that lawyer will be involved in your case from start to finish. You will have your personal injury lawyer’s direct dial telephone number and email address so you will be able to contact your lawyer without difficulty.

Our personal injury compensation solicitors are available for face-to-face meetings at our accessible office in Tunbridge Wells, and by phone. For more information and to see if you have a personal injury claim worth pursuing, call us or fill in our short enquiry form and we will assess your claim.

For more information and to see if you have a personal injury claim worth pursuing, call us or fill in our short enquiry form and we will assess your claim.