Claims involving the death of a loved one can be the most emotionally stressful and upsetting cases that we deal with at Serious Injury Law. If you have experienced such a loss, we recognise that no amount of money will compensate you.
Finding legal representation at such a difficult time is unlikely to be the first thought in your mind, but it may be a very important step that you have to take. We will work hard to ensure that your case is dealt with sensitively and that the right result is achieved.
In many cases, compensation can help families and their loved ones to continue with their lives and rebuild in the years that follow.
Making your claim
We are here to help you.
We establish who was at fault for the accident, identify the estate and the dependants and make detailed calculations in order to assess the appropriate loss.
We know that losing a loved one is an exceptionally difficult time.
Our experienced lawyers will offer you and your loved ones the support and guidance that you need in order to bring you claim and begin rebuilding your lives.
Contact us with no obligation to find out the ways we can help you.
Make a claim as a dependant
A dependant is someone who legally makes a fatal accident compensation claim after the death of a loved one.
The law claims for dependency can be complex, particularly with regards to identifying who they are and the type of losses that they are able to pursue.
Therefore, it is very important that specialist legal advice is obtained.
Who can be a dependant?
The following people can claim for dependency:
- A spouse or a civil partner
- A former spouse or civil partner
- A person who has lived with the deceased for two continuous years (also known as a cohabitee)
- A parent of the deceased or someone who was treated by the deceased as a parent
- A child of the deceased
- A person who was treated as a child of the family by the deceased
- A brother, sister, uncle, aunt, cousin, nephew or niece of the deceased
In many cases after someone has experienced a fatal accident, a coroner will undertake an inquest in order to establish the events surrounding their death.
An inquest is a hearing in court, where witnesses may be examined – sometimes in front of a jury – as a means of identifying or determining the cause of death.
Our experienced lawyers are able to provide you with the crucial representation you need should a coroner order an inquest.
The services we provide include the cross-examination of witnesses, liaising with the coroner’s office, the court and any other relevant authorities and the consideration of evidence.
It is an important step towards determining liability for the accident, and we will provide you with the support and security that you need through each stage of this testing time.
Damages under the Law Reform (Miscellaneous Provisions) Act 1934
The damages awarded under this Act are those that the deceased person was entitled to claim at the moment before they died.
Basically, this means that the right to make the claim is passed on to the deceased person’s estate.
The losses that can be claimed may include:
- Damages for pain, suffering and loss of amenity if there was any suffering before death
- Loss of income between the time of the accident and death
- Funeral expenses
- Services provided by family and friends, such as nursing, care and other assistance
Damages under the Fatal Accidents Act 1976
In general terms, there are three main heads of damages under this Act, namely:
- A dependency claim for the financial losses suffered by the dependants of the deceased
- An award for bereavement damages
- A claim for the funeral expenses if they have been paid by the dependants