Fatal Accident claims

Fatal accidents are of course traumatic events for the families of victims and resulting Fatal Accident Claims are complex matters. As with other claims it must be proved that the death was caused by the negligence of a third party, but it is also necessary to establish that the victim would have been able to claim compensation himself/herself at the time of death. Furthermore the claimant must prove that he/she has suffered financial loss as a result of the death.
The Fatal Accidents Act 1976 allows claims to be brought by dependants of persons who have died as a result of the negligent act of another party and it defines dependants which include spouse/cohabitee, children, parents, grandchildren. However any person wishing to claim must have been dependant to some degree on the income of the victim.
Fatal Accident Claims may be brought for various items including:-

• If death was not immediate, claims may be brought for the victim's own pain and suffering prior to death, loss of income prior to death and for medical and other expenses incurred between the accident and the victim's death.
• Loss of financial support since death - this is likely to be the largest aspect of the claim.
• Loss of any fringe benefits such as pension rights.
• Loss of gratuitious services provide by the deceased such as domestic assistance, childcare, DIY etc.
• Bereavement Compensation - this is laid down by statute and is only payable to the wife/husband of the deceased or to the parents if the deceased was under 18. For deaths occurring since 1/4/02 the amount is £10,000
• Funeral expenses (if paid by the dependants) and loss of or damage to any property as a result of the accident.
  There may of course be other items of claim depending on individual circumstances.

Personal injury compensation claims are complicated and it is essential to use the services of a solicitor experienced in this type of claim. Excalibur Solicitors are a specialist practice dealing only with claims for victims of accidents and we will provide a free legal assessment of your case if you complete our Online Application Form. We will handle your claim on a "No Win No Fee" basis at no cost to you.

The information in this article is designed to provide general information only. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or other professional advice.