Where a death has been caused as a result of medical negligence, the deceased’s estate and dependents may be able to claim for compensation. Hay and Kilner’s clinical negligence team have decades of experience in representing claimants in these often traumatic cases.

Nobody ever wants to bring a fatal accident claim at such a difficult time and we understand that no amount of money can ever begin to compensate you for the loss of a loved one. However, if financial losses have been suffered as a result of a death, an award of compensation can help to relieve the financial burden.

It can be vital for dependents to understand the circumstances in which they can bring a claim, and what the law says can be claimed, in order to ease the financial burden.

Who can bring a Fatal Claim?

The claim is usually brought on behalf of the deceased’s estate by those who are named as executors in the will or those who are authorised to represent the Deceased if they died without making a will.

The role of the Coroner

In certain circumstances, the death may have to be reported to the local Coroner. The Coroner is the person who investigates deaths in England and Wales and they will decide whether or not to investigate the circumstances of the death further and open a formal inquest. We can advise and guide you through the inquest process.

What can you claim for?

• Where a person has died as a result of negligence, a statutory bereavement award is payable to the deceased’s wife, husband or civil partner, or to the mother or parents of the deceased if they were under the age of 18. The amount of that award is dependent upon when the death occurred.

• Funeral expenses and other associated costs such as the wake, cemetery fees and the cost of a headstone.

• The injury itself, taking into account the pain, suffering and loss of the deceased prior to their death.

• The cost of care provided to your loved one and any loss of earnings they have suffered can also be included, together with additional medical and travel expenses.

• The loss of love or affection on behalf of children in respect of their mother and father and/or by a wife or husband after a long marriage. This recognises the unquantifiable services provided by that person.