Fatal Accident Claims
Tragically, some personal injury cases involve the death of the victim. In these cases it still remains possible to bring a claim for compensation or to continue the claim already started by the victim.
In order to be awarded compensation, you first have to show, on the balance of probabilities, how the deceased was injured, and that this occurred as a result of negligence or breach of duty.
If death follows an accident, the compensation will normally consist of the following elements:
- Actual losses, for example funeral expenses
- Bereavement: this is a fixed sum set by statute of £10,000 payable only to the wife or husband of the deceased, or the parents of the deceased if he / she was under 18 and never married
- Losses for dependency. This is often the largest part of the award if the deceased left dependents who relied on his / her income, e.g. a spouse, children, etc., and will vary depending on the deceased's income.
If death follows a disease, for example an asbestos related disease such as mesothelioma, then the largest part of the claim will often be as follows:
- Damages for the pain and suffering suffered by the deceased during his/her lifetime as a result of the disease
In cases where damages are awarded for death, the compensation has to be distributed as follows:
- Bereavement award: to the wife or husband (or parents of deceased if he / she was under 18 and never married)
- Dependency award: to the dependents in accordance with their losses (normally spouse / partner / children and sometimes parents)
- Deceased's own pain and suffering: to the estate to be distributed in accordance with the deceased's will or as on intestacy.
In many disease cases, the victim will have commenced legal action during his lifetime. There is no difficulty in continuing the case following his / her death; some simple procedural steps are all that is required.
Clear Answers lawyers are experts in all aspects of personal injury and are able to call on a wide variety of technical and medical experts in every kind of case. They will be able to advise you whether a claim for compensation is possible, give guidance and assistance on how the claim can be pursued and ensure that all the correct evidence is obtained to secure the best result for you/the victim's family and dependents.
If you do have a valid personal injury compensation claim and you decide to instruct Clear Answers to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for yourself. Telephone us now on 0800 783 9019 or complete one of our online compensation claim forms.
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