Compensation for Fatal Accidents
If a loved one has died in a terrible accident, whether on the road, at work, or as a consequence of clinical negligence, the prospect of filing a legal claim may seem more painful at an already trying time. There is no amount of money that could ever come close to compensating you for your loss.
When your world seems to be collapsing around you, the reality of day-to-day living may seem especially intimidating. Along with grieving the death of a loved one, the cold light of day may come financial concerns about how you will survive without your loved one.
If you ever find yourself in this horrible circumstance, you may desire to see a professional for advice through what may appear to be a minefield when it comes to filing a legal claim.
When an accident occurs and someone dies as a consequence, a claim may be filed on behalf of the dead’s estate or, if a person was financially reliant on the deceased, that individual may be entitled to bring a claim against the person who caused the accident in their own right.
Award for Bereavement
Additionally to the above, the Fatal Accident Act 1976 established a statutory payment known as the Bereavement Award, which would be given to select close relatives in certain circumstances. This is a one-time payment of £12,980.
The Bereavement Award may be claimed only if you were the deceased’s spouse, wife, or civil partner at the time of their death. Alternatively, if the dead was a minor (under the age of 18) who was never married or in a civil partnership, the payment would be provided to both parents if the deceased was legitimate, or to the mother alone if the deceased was illegitimate.
Claim of Dependence
Additionally, the Fatal Accident Act provides for a claim by someone who may have depended on the dead previous to their death. This is a Claim for Dependence.
To make a claim against the person who caused the accident, the dependent must demonstrate that they have suffered or will suffer a loss and that they had a reasonable expectation of receiving such a benefit had the dead continued to live.
The sort of loss that may give rise to a claim in this circumstance includes not just financial things such as loss of anticipated wages or pension, but also non-financial matters, since the dead is likely to have played a larger part in family life than only as a wage worker. Among other things, claims may be made for expected presents, such as those for a child’s birthday, or for services performed around the home by the dead, such as DIY or domestic duties.
A dependence claim is distinct from a bereavement claim, and as such, distinct conditions must be met.
To pursue a claim for Dependency, the dependent must be:
- Wife, husband, or civil partner (including former spouse or former civil partner)
- A person who has lived with the dead for at least two years at the time of death and has spent the whole time as the deceased’s spouse, wife, or civil partner.
- At the time of death, the dead’s parent or a person considered as a parent by the deceased
- A dead person’s kid, or a person recognised as a family member in the event of marriage/civil partnership, who was not truly the deceased person’s child
- Brothers, sisters, uncles, and aunts, as well as their offspring, including cousins and nieces and nephews
Claim on behalf of the Estate of the Deceased
Apart from the aforementioned claims, a claim on behalf of the deceased’s estate may also be submitted under the Law Reform Miscellaneous Provisions Act 1934. This preserves the personal claim that the dead may have pursued if they were still living, which may include the following:
- The hurt received and the resulting pain. This also accounts for the distress created by the realisation that they are unlikely to survive their injuries.
- Earnings loss from the date of injury to the date of death
- From the time of the injury till death
- Expenses for medical care and travel
- Funeral expenditures that do not include a wake or a memorial
These claims will be filed by the Executor of the decedent’s estate and will be paid to the Estate for the benefit of the beneficiaries.
Probate
If a loved one has died as a consequence of an accident, the insurance company handling the claim will almost certainly seek a grant of probate or letters of administration in the absence of a will before paying out any money.
In this scenario, our personal injury team will work closely with our specialist probate team, which you may retain independently to help and guide you through the process of obtaining a grant of probate.
It is now time to make a claim
The time limit for filing a claim is referred to as the ‘Limitation Period,’ and it is normally three years from the date of death in fatal accident claims. This may alter, though, if the dead survived the collision for an extended length of time. Additionally, this may vary based on the manner or location of the accident; for example, if the accident occurred on water, in the air, or as a consequence of a criminal injury, the limitation period is often two years, rather than three years.
Kindly contact us immediately if you want to talk confidentially with an attorney about initiating a compensation claim.