Fatal accident claims

Fatal accident claims are made by family members or relatives in the event of death. They are unusual in that most personal injury claims are made by the injured person, though this is clearly not possible in the case of fatal accident claims.

Fatal accident claims tend to be of high value and can be made in relation to any type of personal injury claim, including road-traffic accidents, accidents occurring in the workplace, or clinical negligence claims. As with other personal injury claims, your solicitor will first consider the issue of liability before considering the amount of compensation you might receive. Your solicitor will assist in gathering evidence to make the claim and submitting the relevant forms to the relevant court. Most claims are heard in the county court, but claims of high value (over £50,000) with a high degree of complexity may be heard in the High Court.

Damages for fatal accident claims are worked out in a slightly different manner to that of other personal injury claims. The damages awarded will be for the pain and suffering up until the date of death and for financial losses the claimant has accrued between the date of injury and the date of death, as well as any funeral expenses. Next there is a statutory aspect to the claim under the Fatal Accidents Act 1976 which allows for money to be awarded to dependants of the deceased replacing the dependant’s earnings. In addition to these amounts of the claim, a statutory sum of £11,800 is payable to the spouse of a deceased person or the parents of a deceased minor.

If you would like to obtain legal advice on fatal accident claims, Contact Law can put you in touch with a local specialist personal injury / accident solicitor free of charge. So, if you have any questions or would like our help in finding personal injury / accident solicitors please call us on 0800 1777 162 or complete the web-form above.