Specialist UK personal injury compensation solicitors will usually provide free initial advice on fatal accident claim settlements. Most operate on a no win no fee basis, and you will not be required to fund your claim. Compensation is normally paid in full without deductions and whether you win, or you lose, you should not be charged legal fees.
Fatal injury compensation claims involve not only speaking for the family, but also speaking for the victim who has passed away. Fatal injury claims can be complicated matters and it is important to instruct specialist fatal injury compensation solicitors.
A `dependent’ is generally the deceased’s spouse or common law spouse, children and more broadly anyone who has evidence that they relied on the deceased for financial support that they would have continued to receive if the deceased was still alive.
Compensation in a fatal accident claim includes the statutory sum for bereavement, funeral expenses and associated costs. More extensive costs include those tied to the loss of services of the deceased and compensation for the deceased’s contribution to family income and family pension plans that the dependent parties rely on.
Compensation may also be available for the deceased’s pain and suffering and other less tangible losses, associated with the death.
Experienced fatal injury compensation solicitors who are experienced in dealing with fatal accident compensation claim settlements may call upon the expertise of specialist forensic accountants, who can provide detailed reports on the extent of loss and of dependency evident in particular cases, which assists when bringing legal action for dependents compensation.
Criminal Injury
If the death has occurred as a result of a criminal assault, compensation can be claimed from the Criminal Injuries Compensation Authority (CICA). It is not necessary for the assailant to be apprehended or prosecuted for a criminal injury compensation solicitor to make a CICA claim. The CICA has set tariff bands for payment and the amount to be awarded can be easily assessed. The award does however depend on the applicant’s criminal record and criminal injury award can be reduced or refused if it is inappropriate to make an award out of public funds.
Coroner’s Inquest
Dependents are well advised to seek the assistance of a solicitor during the inquest. Inquests are a public enquiry which may involve a jury. Relatives of the victim can attend the inquest and may be able to ask questions of witnesses who testify. You also have a right to be represented by a solicitor. The outcome of the inquest and the Coroner’s ultimate decision may have a large impact on whether a fatal injury compensation claim will be successful. An experienced personal injury solicitor can help ensure that the correct questions are asked and that your legal rights are protected. As an example of the importance of the correct inference being drawn from the hearing, an erroneous Coroners verdict implying suicide will preclude a rightful claim under an insurance policy, which could mean a substantial loss to the next of kin and dependents.
A coroner is a professional, generally qualified as either a doctor or a lawyer, who investigates in detail the circumstances of death. A coroner has the authority to request a post-mortem examination and if it was found that the death was violent or unnatural, a consequence of industrial disease or if its cause was uncertain, an inquest may be required. In these circumstances, a specialist solicitor’s attendance may be advisable, particularly if the death has been caused by a third parties’ negligence which may give rise to a potential compensation claim. A Coroner’s Inquest is a public enquiry. It attempts to uncover the cause of a death and may or may not be held in front of a jury. With the coroner’s permission, relatives of the deceased, or the relatives’ legal representatives, may attend and question witnesses.
Evidence Preservation
The importance of preserving evidence to use in a fatal injury compensation claim cannot be over emphasized. With the deceased victim unable to speak for themselves, a thorough investigation into the facts is needed. As time goes by, evidence can be lost and witnesses can forget important details. It is important to act quickly. Instructing a personal injury solicitor as soon as possible increases the chances that a fatal injury compensation claim will be successful. We have access to a wide range of professionals whose expertise and investigational skills can help bolster your claim. The sooner the claims process is started, the sooner it will be over so you can move forward with your life.
Fatal Accident Law
There are statutes in place that govern fatal injury compensation claims involving the negligence of a third-party. The legislation enables the dependents of the deceased victim to take legal action against the individual or individuals responsible. A wrongful act, negligence or default can all result in a person being held legally responsible for the victim’s death with ensuing responsibilities to pay dependents compensation for their financial losses.
Dependents
The law defines the individuals who are considered dependents for purposes of fatal injury compensation claims. Dependents include (but are not limited to) spouses, partners, civil partnership partners, children, parents, grandparents and grandchildren. Dependents are entitled to compensation for the financial contributions the victim made to the household, as well as compensation for the services, such as childcare, the victim provided. The victim’s dependents may also be eligible to receive the Statutory Sum for Bereavement and compensation for funeral expenses. The other half of a fatal injury compensation claim is made on behalf of the victim. Even though the victim is deceased, compensation can still be awarded for their injuries including pain and suffering, which is not appropriate in the case of instant death.
Our specialist personal injury solicitors have extensive experience in helping those who have lost a family member due to an accident. Fatal injury compensation claims involve not only speaking for the family, but also speaking for the victim who has passed away. Fatal injury claims can be complicated matters and it is important to instruct a specialist solicitor. Our solicitors are qualified to handle all matters related to fatal injury claims.
