Fatal Accidents

Where a fatal accident was caused by the negligence of another, the family of the victim may be able to make a claim.

Losing a loved one in an accident is an incredibly traumatic and distressing experience. It can happen in various unexpected or unforeseen circumstances.

We understand that claims involving the death of a loved one will be an incredibly upsetting time, and whilst no amount of money will ever replace your lost loved one, we can help to secure compensation to improve the quality of life for those left behind.

What accidents can you make a claim for?

A fatal accident is an accident which causes the death of a person. Where that accident was caused by the negligence of another, the family of the victim may be able to make a claim.

Claims involving fatalities can be caused by:
•    Road traffic accident
•    Accidents at work
•    Care home negligence
•    Exposure to hazardous substances
•    Organised events and trips

There are many more examples of the types of accidents which have caused the death of a loved one, so it is important to speak to a legal representative who can assess your claim and guide you through the process.

Who can make a claim?

There are various parts to a fatal accident claim with limitations on what can be claimed and who can make a claim.

Claims can be made in their own right and on behalf of the estate of the deceased, for injuries suffered in the accident but also for dependency and a bereavement award in certain circumstances. Below outlines the different claims that can be made.

A bereavement award can be claimed by a spouse or a child of the deceased, who was under the age of 18 at the time of the persons death. That bereavement award is a set sum which currently stands in English and Welsh law to £15,120.
It is unfortunate and outdated that an unmarried partner of the deceased still remains unable to claim. We are hopeful, following a recent County Court decision, that the law will be changed to reflect more modern family circumstances.
Currently, the law in England and Wales is inconsistent in relation to the availability of a bereavement award for civil partners. If you wish to bring a claim as a result of the death of your civil partner then you may be able to include a claim for a bereavement award. However, the technical stance currently is that the law does not support recovery of this award, but we can advise you further in a consultation.
It is also possible for those who were financially dependent on the deceased to claim for lost future income or pension.
Loss of your loved one’s support following his or her death will include claims for such things as contribution to the family earnings, childcare and household expenses. This can offer a substantial sum, as it is to reflect the whole of your loved one’s lost potential.
Those categories of person who may be able to claim dependency include:
- Spouse
- Biological child
- Any other child treated as the deceased’s own
The Executor or Administrator of the deceased’s estate can make a claim on behalf of the estate of the deceased. This includes compensation for losses suffered, such as funeral expenses and damage to any property (car, motorbike, bicycle etc).
It can also include a claim for the pain, suffering and loss of amenity your loved one may have suffered as a result of the accident, before they passed away.

How can Jordans Solicitors help?

At Jordans Solicitors, we have a highly experienced team of fatal accident claims lawyers.

They can support you and your family if you have lost a loved one in an accident and want to make a claim for compensation. We will handle your claim with the highest levels of professionalism, sensitivity and understanding, working towards a settlement that secures the best possible future for you and your family.

Our service extends, where necessary, to dealing with any inquest that may follow death as a result of an accident.

If you want to discuss a fatal accident claim, call 0330 300 1103 or request a call back below.

FAQs

The time limit for issuing court proceedings in fatal accident claims is 3 years from the date of death of the deceased.
Claims in fatal accident cases generally follow the same procedures except it may be that an inquest is required. An inquest will consider the cause of a person’s death but will not attribute blame.
Whilst the costs of representation at an inquest can not be recovered in claims for fatal accident compensation, we are able to liaise with the Coroner’s office in order to obtain advanced disclosure of any documents and consider an appropriate matters which should be raised.
We are also able to attend the Coroners inquest in a watching brief to ensure that we have all of the necessary evidence. From there, we will gather evidence in respect of liability for the accident and the damage caused including consideration of dependency.
These cases can be dealt with under a Conditional Fee Agreement, also known as a No Win No Fee Agreement by the Executor or Administrator of the deceased’s estate, on behalf of all potential beneficiaries.
At your initial consultation, our team will advise whether you qualify for a No Win, No Fee service. In brief, as long as you provide truthful instructions and co-operate with us during the personal injury claims process, your claim will be dealt with under a No Win No Fee Agreement.
Should your claim be unsuccessful then you will not be charged for the work we do. If your claim is successful, the Government rules now state that part of the costs of the case – the ‘success fee’ – can be deducted from any damages you receive. The success fee deduction is calculated with reference to the risks of your case but the deduction is always capped at a maximum of 25% of any compensation you/the beneficiaries receive.
It may be that it is recommended for you to take out an insurance policy to cover the cost of various expenses during the life of your case (such as the cost of medical reports and Court fees). This insurance policy must also be paid from any successful compensation. During your consultation, this will all be explained in full so that you know what to expect.

Request a Call Back

Get in touch today and receive a call back from a member of our team.

Our reviews

Gemma Hicks

Recently completed a negligence claim on behalf of a parent and was impressed by the smooth and efficient way that the whole process was handled by Jordans Many thanks for your help. Would definitely recommend.

Gemma Hicks

I had a good experience with Jordan’s, they always kept me updated and made the process as easy to follow as possible. Gemma and then Matthew were great to Liase with and got my claim sorted

No amount of money will ever replace your loved one, but compensation can help those left behind.

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