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
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:
This legislation covers claims brought by dependants of the deceased. For the purposes of this law, a dependant is:
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:
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.
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:
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.
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.