Death and Fatal Accident Compensation
If your family has suffered the tragedy of an accidental death, those dealing with the fallout must adapt to a new way of living. Such a change can take a massive toll on your mental health, finances, and day-to-day life. And that’s to say nothing of the negligent party responsible for the Fatal Accident.
We can help you claim for an accidental death with our expert legal team.
If you wish to bring a claim against those to blame for your loved one’s death, contact us now on 01793 351 100^ to get started. Our personal injury experts for Swindon will provide you with a free case assessment, so that you know what damages you could expect to receive and how long the process will take. Will also get your compensation on a no win, no fee* basis, so that you have one less thing to struggle with. Call us on 01793 351 100^ today.
What is a claim for a Fatal Accident?
Fatal Accidents occur when someone dies as a result of injuries they were not at fault for. A claim can be brought if such an accident in Swindon is due to a negligent party, such as an individual or a business. The claim looks to punish those who have caused the tragedy, and award damages to those who now have to suffer the reality of the loss.
Which Types of Fatal Accidents can be claimed for in Swindon?
Our team see an unfortunately large commonality with Fatal Accident claims, particularly those from car accidents. However, not all causes of wrongful death are from accidents. Some leading causes of death in Swindon are:
- Accidents at Work
- Accidents in Public Places
- Road Traffic Accidents
- Clinical Negligence
- Industrial Disease
We make sure to establish liability for the accident so that the negligent party is held responsible for the accident, allowing your family to be compensated fully. Even when the cause of the death is unclear, we will work to make sure you see justice for the loss you have experienced.
What is Involved in Making a Fatal Accident Claim in Swindon?
When making a Fatal Accident claim, you’ll need the help of our expert personal injury team to navigate this involved process. We’ll guide you on the important who, when, and what questions whilst keeping the jargon light.
Am I Able to File a Claim for a Wrongful Death in Swindon?
The executors of the deceased’s estate – as appointed in their Will – are entitled to claim on behalf of them for the Fatal Accident. The damages they can claim include: pain and suffering, probate (executry in Scotland) and funeral expenses, property damage, and loss of income, if the deceased didn’t die right after the accident in Swindon.
The deceased’s family can also claim for a variety of awards, such as loss of financial dependency, loss of services, funeral expenses, and a statuary bereavement award. The immediate family is entitled to make these claims, as well as any stepchildren, and the spouse or long-term partner of the deceased (provided they have been living with them for over 2 years).
The executors need to file their claims before the immediate family can, who are given six months to do so, but all those who wish to claim can do so at the same time.
Evidence requirements for Fatal Accident claims
The most significant piece of evidence will be from the coroner, who will determine cause of death and likely time and location of the Fatal Accident. Should this information point to foul play or negligence, your panel solicitor for Swindon will gather evidence to support your claim. This may be records in accident books, visual evidence – such as photos and CCTV – witness statements and anything to determine a history of negligent behaviour.
If at this point the party considered to be at fault accept liability, a compensation award will be offered. Should they not, however, the case may require the courts to intervene.
Fatal Accidents and going to court
There’s a slim chance that your Fatal Accident claim will end up in court, although not impossible. Should the negligent party deny blame or disputes the desired compensation, litigation may help to settle the disagreement, so a suitable award can be given.
Will my claim require a criminal trial or Fatal Accident Inquiry?
Regardless of whether there is a criminal – or civil – case, a trial will not prevent you from claiming compensation for the Fatal Accident. Much like Criminal Injury Claims, a conviction, guilty or not, does not need to be reached for you to claim. Your appointed panel solicitor will be able to guide you through the process, however it ends up unfolding.
With Fatal Accident Inquiries (FAIs) if the wrongful death you’ve suffered necessitates such measures, we will be by your side throughout. An FAI typically happens when the Fatal Accident has implications that affect the health and safety of the public, but these are rare.
What is the time limit for making a Fatal Accident claim?
Unless you have extenuating reasons for the delay in making your claim, you have 3 years to file for Fatal Accident compensation. After this point, the claim will be barred.
These types of claims are complicated and time-consuming, they can take years to settle. So, if you have a wrongful death claim you wish to make, call our Swindon personal injury team on 01793 351 100^ today.
Compensation awards for Fatal Accidents
Claims for Fatal Accidents will vary in value. This is due to how the deceased leaves their family behind, particularly when it comes to dependants. To make this easier for families who are waiting for their claim to settle, certain elements of the compensation package can be released earlier, such as funeral expenses. There are multiple factors taken into account when calculating the compensation award, such as:
- General Damages. General damages are the compensation for the pain and suffering felt by the deceased – much like personal injury claims. If there was also a loss of amenity – such as in the event of a coma – in the lead up to the death, this can also be claimed for too.
- Financial Expenses. If there was a delay in the time between the Fatal Accident in Swindon and the passing, it is likely your family will have accrued expenses. These can be from hospital visits, providing care or any other expense in the event of the incident.
- Funeral and Probate Expenses. It’s not news that funerals in the UK are expensive. As part of your compensation package, the funeral will be covered – except for the wake – by the negligent party. Because there is a lot of legal work involved in tying up an estate, Probate (Executry, in Scotland) is required and will also be covered.
- Statuary Bereavement Award. The surviving partner will be awarded a fixed sum of £15,120. This is to accommodate for the grief of losing their spouse.
- Financial Dependency. The loss after a Fatal Accident doesn’t just culminate in grief. There will likely be a substantial deficit in household income from their passing. The dependants of the deceased will receive compensation to reflect the lack of finances they would have provided.
- Loss of Services. There is also value that the deceased brought to the household beyond financial. These can include – for example – childcare, shopping, and DIY, things would incur costs without their involvement.
- Intangible Benefits. There is also a financial acknowledgement of the loss of love after the wrongful death. Whilst it’s difficult to quantify, and by no means a measure of the love itself, the award is aimed at expressing remorse for the loss of something intangible, but very much there.
All of these elements combine to make up the compensation for the Fatal Accident, and the complexity of them is why we don’t offer an online calculator. Instead, we offer our claim assessments under no-obligation to you. That way, you can get an accurate estimate based on your circumstances from an expert by calling 01793 351 100^. If you want to proceed your claim with us, we will appoint one of our panel solicitors for Swindon to you. They will help you claim financial restitution, as well as justice for your loved one.
Claim for a Fatal Accident with our team today
You need to make sure your Fatal Accident claim is handled by a team of empathetic experts, and we have the Swindon team to do that. Call us on 01793 351 100^ to start your claim on a no win, no fee* basis today.
