Fatal Accident Compensation Claims
Sadly, we often encounter cases in which a client has lost a loved one, and they are looking to bring a claim.
No amount of money can compensate the bereaved for their loss. But a fatal injury claim can bring justice, answers, an apology – and the promise of changes to help stop similar tragedies from happening again.
Get Expert Legal Advice On Fatal Accident Claims
Claiming Fatal Injury Compensation For The Loss Of A Loved One
You can make a claim on behalf of the deceased. Sometimes this can be for a fatal accident arising from the negligence itself – or when a claimant dies while we are proceeding with personal injury or medical negligence litigation.
It is important to claim as soon as possible because there is a time limit under the Limitation Act 1980. The usual rule is that proceedings must be started within three years of the date of the accident/incident (or sometimes from the date of death).
There are exceptions to the limitation period, such as when the person bringing the claim is under 18 years of age, or perhaps where they lack mental capacity.
The relevant statutes that we use to bring claims on behalf of a deceased person are the:
The Fatal Accidents Act 1976
This legislation covers claims brought by dependants of the deceased. For the purposes of this law, a dependant is:
- a spouse/civil partner of the deceased
- anyone living with the deceased immediately before their death
- anyone living with the deceased for two years before their death
- a biological child of the deceased – or a person they treated as a child
- any parent or grandparent
- any sibling of the deceased.
The main types of compensation you can claim under this Act are:
General Damages for the pain, suffering and loss of amenities experienced by the deceased as a result of the negligence until the point of death.
Special Damages – other financial losses that the deceased incurred as a result of the negligence until the point of death.
Bereavement Damages – this is a statutory damages award set at £15,120. This figure is shamefully low – we strongly support the Association of Personal Injury Lawyers’ (APIL) campaign for it to be raised. Find out more in this blog post.
Not only is the statutory bereavement damages award unjustly meagre, but only certain people are entitled to receive it:
- the spouse/civil partner of the deceased
- an unmarried partner of the deceased who was cohabiting with them two years before the death
- a child under the age of 18, provided they were not married or in a civil partnership.
Dependency Claim – if the dependant bringing the claim on behalf of the deceased can show they depended financially on them before the death, then they can claim in respect of this.
We have recently settled a large fatal accident claim in the sum of £520,000. Most of this claim was for dependency.
The Law Reform (Miscellaneous) Provisions Act 1934
This is for claims brought on behalf of the deceased’s estate. You can claim General Damages (as above) and Special Damages (again, as above).
The first consideration is whether or not there is a will. If there is, then the executors would be entitled to bring a claim on behalf of the deceased’s estate. A grant of probate would be required. Any compensation would be distributed as per the terms of the will.
If the deceased died without a valid will, then the rules of intestacy apply. These rules create an order of entitlement. It is set out in Section 46 of the Administration of Estates Act 1945.
The order is as follows:
- Surviving spouse/civil partner. If you were divorced or your civil partnership were dissolved at the time of death, you cannot inherit under the rules. Partners who separated informally can still inherit.
- Children of the deceased and their children. If there is a surviving spouse and children, grandchildren or great grandchildren – and the estate is valued at more than £322,000 – the spouse will inherit:
- The first £322,000 of the estate (known as a Statutory Legacy).
- All the personal property and belongings of the deceased.
- Half the remaining estate. The remaining half of the estate will pass to any surviving children first. If there are no surviving children, the share will pass to surviving grandchildren. If there are no surviving grandchildren, the share will pass to any surviving great grandchildren and so forth. - Parents of the deceased.
- Brothers and sisters of whole blood and their children.
- Brothers and sisters of half blood and their children.
- Grandparents.
- Uncles and aunts of whole blood and their children.
- Uncles and aunts of half blood and their children.
- The Crown.
A Grant of Letters of Administration would be required. Any compensation achieved would need to be distributed as per the rules of intestacy, using the above order of entitlement.
Get Expert Legal Advice On Claims Involving Fatalities
Claiming compensation for a fatality requires expert legal knowledge. Proving dependency – or entitlement through a will or the intestacy rules – can be crucial in securing higher compensation.
Contact Coles Miller’s personal injury team for specialist legal advice. You may also need the assistance of our wills and probate lawyers.
Coles Miller is one of Dorset’s largest law firms. We have six offices in Poole, Fleetsbridge, Bournemouth, Christchurch, Broadstone and Wimborne.
A number of our departments – notably our personal injury and medical negligence solicitors – help clients all over the country.
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