Tuesday, April 23, 2024
Partner PostsFatal Accident Claims – Your Guide to Compensation

Fatal Accident Claims – Your Guide to Compensation

What Is a Fatal Accident?

A fatal accident is a severe type of accident in which someone else is responsible for the death of an individual. If someone else is liable for the death of another person, either by accident or a criminal act, then you could be eligible to make a fatal accident compensation claim

Why Should You Consider Claiming Fatal Accident Compensation?

If your loved one has died as a result of an accident or criminal act, the last thing you might wish to consider is the hardship of the claiming.

If the deceased individual was the only financial provider and their loved one/s relied upon that income, even in cases of elder children supporting their parents, there are certain financial consequences which might cause you hardships unless compensation is recovered. 

Additionally, the funeral costs can be a significant cost at any time; therefore compensation could help relieve this added pressure as the loss of a loved one will cause considerable pain and distress to family members without the need for any more. 

The legal system has evolved to protect loved ones and immediate dependents from financial hardship in the event someone’s death is caused by an accident that wasn’t their fault.

Image: Pixabay/succo

What Types Of Fatal Accidents Can I Claim For?

Any form of accident, if severe enough, can lead to a loss of life. There are some incidents however that are more probable to lead to this overwhelming result, including:

  • Driving at speed – this is the most common cause of fatal accidents
  • A serious/severe accident at work – e.g. due to falling from a height or due to dangerous machinery or faulty equipment accident
  • Work-related illnesses – such as asbestosis related diseases
  • Medical negligence– e.g. a misdiagnosis, delayed
  • A criminal act- any act of violence can cause death

What Is A Dependent’s Claim?

If you were entirely dependent upon the earnings/income of your loved one, then you could be eligible to make a dependent’s claim. This means you can recover the loss of the partial or complete financial assistance you were getting from your loved one.

The family members who can make a dependent’s claim include: 

  • Wife/husband
  • Former wife/husband
  • Grandparents
  • Guardian or parent
  • Civil partners
  • Sister or brother
  • A cohabiting couple who have lived together for at least two years
  • Aunt or uncle
  • A child of a sister or brother, uncle or aunt
  • Child or other descendant 

What Is A Victim’s Claim?

This is when compensation can be claimed on behalf of the individual who died as a result of an accident that wasn’t their fault. Meaning, you can claim for the financial losses incurred between the time of the accident and their passing.

Alongside claiming compensation for the losses and suffering sustained due to the accident, your solicitor will also strive to recover any additional expenses causes as a consequence. 

These expenses include:

  • Loss of income
  • Future loss of income
  • Travelling costs
  • Pain sustained due to injury
  • Treatment and medications expenses
  • Time taken off work due to accident
  • Care and support you have received
  • Or additional expenses incurred as a result of accident

Will I Have To Go To Court?

While thinking of making a claim for compensation, this is a common concern; but don’t worry, not all cases result in court proceedings. In fact, 98% of cases are settled without any requirement of court proceedings. But if your case does go to court, your solicitor will be available every step of the way, ensuring you receive tailored to you situation. 

How Much Compensation Will I Receive?

Every case assess has its unique circumstances; meaning there is no fixed compensation amount. Therefore, unfortunately, it cannot be told how much compensation you will get at this stage. 

It is completely understandable that the compensation you received can’t undo the time as well as your loss and suffering it is ensured gaining a legal advice can help you to lessen your financial stresses. 

Can I Make A Personal Compensation Claim On Behalf My Loved One For Fatal Accident?

While considering making a compensation claim for your loved ones fatal accident you must ensure the accident: 

  • Happened as a result of someone else’s negligence or wrongful act
  • Occurred within last three years 
  • Caused your loved one to sustain damage or injury 

What Is The Procedure Of Making A Claim?

There are two types of claims:

  • Dependent’s claim– the claim you would make if you were dependent on deceased person e.g. income
  • Victim’s claim– claim on the behalf the victim

The first step to making a claim for a fatal injury starts by giving expert solicitors’ team a call to gain tailored legal advice. Solicitors can provide you with free legal advice tailored to your situation. When once you contact legal advice team they will speak with you on a confidential, no-obligation basis and can deal with your claim on a No Win No Fee basis. 

Direct Solicitors have a wide range of experience having helped thousands of clients settle their injury claims swiftly and hassle-free. If you have lost a loved one as a result of someone else’s negligence or wrongful action then our solicitors could help! We always strive to gain the maximum amount of compensation for yours/your loved one’s losses and suffering, simply contact us on 08000 250 250 today to find out more. 

 

Related Stories