Fatal Accident Compensation Claims in Bournemouth
Accidental deaths are mostly sudden and totally devastate a family with no warning. This leaves those close to the deceased with a crushing sense of sadness, confusion, anger, and worry. Not only do the bereaved have to suffer the emotional distress of the Fatal Accident, but also the financial strain such a loss can take. All of this, whilst those responsible hope to get off scot-free.
If you’ve lost a loved one to a fatal accident in Bournemouth, we can help you claim.
We give your family the justice the deceased deserves, whilst compensating you to make sure your family can cope with the reality of the loss. Contact our Bournemouth personal injury experts to get a free claim assessment and to get accident compensation on a no win, no fee basis. Call 01202 147 438^ today to get started.
What is a claim for a Fatal Accident?
If someone you love has died due to injuries sustained from an accident – it is considered a Fatal Accident claim if the blame rest with a negligent party. Such a claim can see your family compensated for the loss, and hold those responsible to account, allowing you to seek justice for the deceased.
What Accidents are considered to be Fatal Accident Claims?
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 Bournemouth 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 the Process for Making a Fatal Accident Claim?
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.
Can Anyone Claim for a Wrongful Death?
Claims for Fatal Accidents tend to be brought by the executors of the deceased’s estate – when there is a Will – and their dependants. As executors are responsible for dealing with the property, assets, and money of the person who has died, they also need to pursue any legal matters on their behalf. When it comes to damages for the wrongful death, they can claim – on behalf of the deceased – for:
- Pain and suffering the deceased likely experienced
- Expenses occurred, such as funeral and Probate (or Executry in Scotland) costs
- Damaged property
- Income lost, if the deceased didn’t die right away
Other individuals are also able to claim for loss of financial dependency or loss of services as a consequence of the Fatal Accident:
- Current or former spouse/civil partner
- Current cohabitating partner of at least 2 years
- A parent of the deceased
- A child – or stepchild – of the deceased
- Other nuclear family members, such as siblings
Claims should be filled by all those involved at the same time. If, however, the executors do not pursue a claim for Fatal Accident compensation, the deceased’s relatives/dependants can claim separately after 6 months.
What evidence do I need to make a Fatal Accident claim?
The cause of death will be determined by a coroner, as well as the likely time and location. With this information, your appointed panel solicitor will be able to determine fault. Evidence in a Fatal Accident claim might consist of:
- Video, such as CCTV or dash-cams
- Witness testimony
- Records in accident books
- Visits to the location to provide context
If the party deemed responsible for the wrongful death accept liability, a settlement for damages may be reached. But should they deny blame, the claim may have to go to court.
Do you have to go to court for Fatal Accidents?
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.
Criminal trials and Fatal Accident Inquiries
If you need to take part in a criminal, or civil, case, our panel solicitors will help guide you through the particular process – dependent on your unique situation. However, it is important to bear in mind that like Criminal Injury Claims, a verdict is not needed to pass before you make a claim.
And if your case goes to a Fatal Accident Inquiry, we will be there to guide you through the complexities of such a situation. We’ll let you know how it might affect your Fatal Accident claim, and what you will need to prepare for.
When does a Fatal Accident claim need to be submitted by?
In Bournemouth, as well as the rest of the UK, there are strict time limits for making personal injury claims. As with most injuries, you have up to 3 years from the initial incident to make the claim. With Fatal Accidents, you have 3 years from the date of death. Anything after this time may be barred from being filed unless there are exception circumstances.
Such accidents require some time to settle. Your panel solicitor will work at pace, but given the nature and complexity of the claim, it could take a couple of years before you are awarded the compensation. This means that in some cases, financial restitution could take 5 years to come in – which is why we recommend filing your claim as soon as possible. Speak to our expert team on 01202 147 438^ for no-obligation information now.
How much is a Fatal Accident claim worth?
Compensation awards for Fatal Accidents are not a flat figure. They depend on a variety of factors, not limited to loss of financial dependency, funeral expenses, and statuary awards. A number of these parts of the compensation packages can be claimed in the interim, to accommodate expenses, such as those from funerals.
Statuary Bereavement Award
Starting with the fixed compensation, the Statuary Bereavement Award is a lump sum designed to compensate the suffering of a lost loved one. This can be claimed by the spouse, civil partner, or cohabitation partner of the deceased. It can also be claimed by the parents of the deceased, if the child was younger than 18.
This Fatal Accident award is fixed to £15,120. That might seem like a low number for the cost of life, when other personal injuries, such as head injuries, can accumulate hundreds of thousands in compensation. However, like most accident claims, the compensation award is designed to fill the void left by the injury. In the case of wrongful death claims, the loss of earnings forms a larger part of the overall compensation package than this award.
Financial Dependency and Loss of Services
Financial dependency on the deceased is usually what amounts to the majority of compensation. Think how difficult it is to raise a family alone, and the lack of access that could bring to a child’s life. The loss of family earnings could be from salary, a pension entitlement or even business income. This part of the award can be claimed by anyone in the family financially dependent, such as those mentioned above, as well as children.
In a harder to quantify award for Fatal Accidents, Loss of Services looks to provide damages where the deceased fulfilled a role that the family are now without. This could include childcare, where the surviving spouse would likely need to pay for instead of fill that role themselves. It can even include roles such as DIY, managing finances, shopping, animal care, and gardening. This part of the compensation package will look to determine what quality of life is missing and affix a value to it.
Funeral Expenses and Probate Costs
It’s no secret that dying is expensive. But when the deceased is lost to another party’s negligent actions, it isn’t fair that the family should suffer such an expense, along with the emotional cost of grief. The compensation award will cover the funeral, and associated costs – but not the wake/memorial held in Bournemouth.
Probate in England and Wales, or Executry in Scotland, can be an expensive part of the process of dealing with your loved one’s estate, depending on your choice of solicitor, and particularly if they had a complicated estate to manage. Your compensation award can cover the costs of this legal process, which again, wouldn’t be needed without the Fatal Accident.
General Damages and Financial Expenses
Like most personal injury claims, there is an element in the compensation packet that covers the pain and suffering experienced by the deceased, as well as loss of amenity, if they did not die immediately.
In this event, financial expenses may also be claimed. This could be for travel to the hospital, the lack of earnings during the deceased time spent in hospital before death, or any other expenses accrued.
Care and support for the deceased
If, like the above, there was a period of time that you had to provide care for the deceased after their Fatal Accident or wrongful death, then you can claim for Gratuitous Care and Support.
Loss of intangible benefits
Perhaps the hardest of awards to quantity, but by no means the least important, is the loss of companionship as a result of the Fatal Accident. Love is by no means an easy thing to find and is certainly not replaceable. It’s for this reason, that more intangible benefits can be awarded for the absence the loss of a loved one leaves in your heart, rather than just your wallet.
Estimate for Fatal Accident Compensation
As a whole, the entire package of compensation for Fatal Accidents is particularly difficult to assess. This is why we make no attempt to guestimate a generalised figure for all people. We instead provide a no-obligation claim assessment for cases in Bournemouth to determine how much compensation you are due depending on your unique circumstances. Call us on 01202 147 438^ to speak to a friendly expert.
It’s more than the money
Beyond the obvious benefit a compensation award brings to your family, the justice a penalty or criminal conviction can bring matter significantly to easing the grief. It is our aim to use our Bournemouth panel solicitor’s talents to see negligent parties brought to justice for your suffering. If they are suitable reprimanded, it may help to save the lives of others.
Make your Fatal Accident claim with us
To get started, simply call us on 01202 147 438^ to speak to our friendly Bournemouth team. We’ll evaluate your case under no-obligation to you, and file your claim on a no win, no fee* basis. Don’t delay, get justice for your loved one’s Fatal Accident today.