A guide to fatal accident claims

A guide to fatal accident claims

In some tragic cases, accidents or medical negligence can lead to death. This can often be sudden and leave spouses and family members feeling lost and confused. If you’ve lost a loved one and are wondering if you may be eligible to claim compensation on their behalf, please know that you are not alone.

We recognise that claiming compensation for a fatal accident may not be your immediate priority; however, with support from a Hay & Kilner solicitor, you can start your journey to seeking compensation at any time up to 3 years from the date of death

It is natural to have many questions, which is why we’ve compiled a fatal accident claims guide. We hope this provides the answers you need regarding fatal accident claims, and provides more information about our experienced solicitors who are on hand to support you every step of the way.

What is a fatal accident claim?

While a personal injury claim is usually made by the victim who has experienced it, a fatal accident claim is made by the next of kin or dependent of the deceased person who lost their life.

Various circumstances can lead to filing a fatal accident claim, including:

• Road traffic accidents, where a driver, cyclist, pedestrian, or other road user has lost their life due to another party’s negligence.

• An accident at work, whereby the deceased was not at fault.

• Cases of medical negligence — for example a missed or delayed diagnosis, misdiagnosis, or a surgical error.

No matter the situation, please remember that the team at Hay & Kilner is here to help. We provide compassionate legal advice on a no-win, no-fee basis. So whether you wish to pursue a surgical negligence claim on behalf of a loved one or a personal injury claim for an accident that led to wrongful death, you will never be out of pocket.

You won’t pay anything upfront, and you won’t owe us a penny unless your claim is successful. If it is, we will deduct our fee from the compensation you are entitled to receive.

Am I eligible for a fatal accident claim?

Recognising whether you have a valid claim can seem confusing. Our fatal accident solicitors will always start the process with a no-obligation assessment to help us understand the circumstances. Using this information, we’ll be able to tell you whether you have a valid claim.

In general, you may be entitled to claim fatal accident compensation if:

• The deceased person was owed a duty of care.
• That duty of care was breached (for example, through clinical negligence).
• This breach directly led to your loved one’s death.

The claim must also be filed by a direct dependent of the deceased person. Under the Fatal Accident Act 1976, this includes:

• Spouses and civil partners
• Cohabiting partners who lived with the victim for at least two years prior to their death
• Children (including adopted and step children)
• Parents or grandparents
• Siblings, cousins, aunts and uncles, and nieces and nephews

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

As a general rule, compensation claims for fatal accidents have a time limit of three years from the date of death.

Steps to making a fatal accident claim

When you seek support from the team at Hay & Kilner, you’ll have us by your side from beginning to end. We’ll provide all the guidance you need at every stage of the process, which will generally follow these steps:

1. Initial consultation: We’ll conduct a meeting (either over the phone or in person) so you can explain the circumstances of your loved one’s death. We’ll let you know if we can believe you may be eligible to pursue a fatal accident claim.

2. Evidence gathering: This stage involves collating any information and documents that can support your case. Evidence may include a coroner’s report, medical records, police reports, witness statements, expert evidence and photographs or video footage that can help show that the fatality was due to another party’s negligence.

3. Letter of claim: We’ll file a formal claim by sending a letter to the liable party. This will explain why you are seeking fatal accident compensation on behalf of your loved one and why we believe they are at fault.

4. Negotiation - If the responsible party admits liability: We will then handle any negotiations with the responsible party for you, always aiming to reach a fair settlement on behalf of your loved one’s estate.

5. Potential court proceedings: If the responsible party disputes liability, we will gather further evidence which may lead to the issue of proceedings at Court and prepare for a Trial. We will keep you informed at all stages.

How much compensation can be claimed?

Whether you’re claiming compensation for a fatal road traffic accident or filing a sepsis negligence claim that led to a loved one’s death, the amount of compensation is usually broken down into two main categories

1. General damages: Pain and suffering that the victim suffered prior to their death.
2. Special damages: Financial losses — for example, the household’s loss of income.

Other compensation awarded after a fatality may include:

• Bereavement award, which is a fixed sum of £15,120.

• Loss of service, for instance, childcare and domestic labour that the deceased person may have undertaken.

• Funeral costs.

We treat every claimant as an individual and work on a case-by-case basis, so it’s tricky to provide a ballpark figure for compensation estimates. To discuss your compensation claim, please contact us to arrange a consultation.

Why choose Hay & Kilner for support with fatal accident claims?

The empathetic and professional team at Hay & Kilner has years of experience supporting family members who have lost a loved one. We provide personalised legal services tailored to you and will always act with sensitivity and kindness.

To learn more about our no-win, no-fee services and to see how we can help you seek the compensation you and your family deserve, please don’t hesitate to get in touch.

Call 0191 232 8345 or fill out our online form to arrange a free consultation.