Fatal accident claims

Personal injury compensation for fatal injuries

Tragically, some personal injury cases involve the death of the victim. In these fatality cases, it still remains possible to bring an accident claim for compensation or to continue if a personal injury compensation claim was already started by the victim.

If, through the fault of someone else, you have suffered the loss of a loved one or someone that you depended upon financially, Clear Answers has the experience to help you bring a claim for personal injury compensation. We can offer advice and guidance on whether you have a valid claim, and will be happy to answer any questions you have regarding your claim and the claims process.

Please select one of the links below to see how Clear Answers can help you pursue a claim for personal injury compensation following a fatal accident.

• Seeking fatal injury compensation advice
• Compensation claims for fatal injuries
• Compensation awards for fatal injuries
• Pursuing a personal injury compensation claim
• Fatal injury news stories
• Fatal personal injury compensation claims

Seeking fatal injury compensation advice

If you decide to instruct Clear Answers to deal with the matter for you, we will recover our legal fees from the person responsible for the injury, ensuring that the entire procedure is cost-free for yourself. Please complete one of our online compensation claim forms and a representative will contact you as soon as possible. Alternatively, telephone us now on 0800 783 9019.

[ Back to List ]

Compensation claims for fatal injuries

In order to be awarded personal injury 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.

The injury may have been the result of an accident at work in an office, shop, factory or manufacturing environment, or even a work-related road accident. It may be the result of a private car accident, or a road traffic accident involving a motorcyclist, car passenger or pedestrian.

It may have been caused by a slip, trip or fall accident, or an assault either in the workplace or in a civil situation.

There are also many fatalities each year following negligent exposure to hazardous substances such as asbestos, which can develop decades later into fatal illnesses such as mesothelioma, or asbestos-related lung cancer.

Please visit our section on information and advice for more details on making a personal injury compensation claim, or our gathering information and evidence section for details on what to do if you are involved in an accident.

[ Back to List ]

Compensation awards for fatal injuries

Whatever the cause of death, if it follows an accident through the negligence of others, or injury through negligent exposure to a hazardous substance, the compensation will normally consist of the following elements:

Actual losses

This element of the compensation should provide for any actual costs which have been incurred first in caring for the injured person, and then any administrative costs involved in dealing with their death, for example funeral expenses.

If death is not immediate, there can be a loss of earnings. It will also cover incurred expenses such as nursing care or travelling costs to visit the victim whilst they were being treated for their condition. It may have been necessary to provide housing alterations, medical aids and adaptations, or private health care. Later there may be administrative costs such as applying for probate or estate administration fees.

There may also be compensation for the loss of services provided by the deceased person such as the cost of paying someone else instead to carry out household repairs, D.I.Y., interior and exterior decorating, gardening, window cleaning, car washing or perhaps replacement carers if the deceased person in turn was looking after someone in the family.

Bereavement

Prior to 1/1/2008, the fixed sum was set at £10,000 but this was increased after that date. The fixed sum is now set by statute at £11,800, payable only to the wife or husband of the deceased or the parents of the deceased if the deceased was under 18 and never married, and was living at home with parents.

Losses for dependency

This is often the largest part of the damages 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. The calculation may also take into account any future loss of pension. There may also be additional salary benefits that are lost such as the use of a company car, healthcare benefits and mobile phone usage or other bonuses and allowances.

Compensation for pain and suffering

If death follows a disease, for example an asbestos related disease such as mesothelioma, then a large part of the claim will often be compensation for the pain and suffering of the deceased during their lifetime as a result of the disease. This element of any compensation award will be distributed in accordance with the deceased's Will or as on intestacy. This can quite often be the same persons who are entitled to the dependency compensation above.

[ Back to List ]

Pursuing a personal injury compensation claim

In many disease cases, the victim will have commenced legal action during his lifetime. Sadly, a mesothelioma victim may live only a few months after their illness has been diagnosed. Clear Answers’ solicitors have a wealth of experience in pursuing these types of cases as quickly as possible to ensure the victim receives some benefit during the time they have left and that they can purchase any medical aids or equipment that may be helpful to cope with that illness.

Interim payments can also be sought to help with this. An early but appropriate settlement may also give some peace of mind that their loved ones will be financially secure after they have gone. When this is not possible, there is no difficulty in continuing the claim for personal injury compensation following their death; some simple procedural steps are all that is required.

Clear Answers' lawyers are experts in all aspects of personal injury claims and are able to call on a wide variety of technical and medical experts in every kind of claim for personal injury compensation. They will be able to advise you whether a claim for fatal accident 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 the victim's family and dependents.

They will also be able to advise the family of any DWP state benefits that may be recoverable depending on the circumstances of the death or illness.

[ Back to List ]

Fatal injury news stories

Clear Answers deals with a large number of accident cases each year, and sadly many of them involve fatal injuries. Details of some of these types of cases, and other personal injury compensation claims can be found in our Personal Injury News Section which is updated regularly.

Below is a selection of fatal accident compensation claims that we have fought, and news items which might be of interest. To view the full story click on the links beneath each description.

Fatal accident compensation for widow

Acting for the widow, our specialist fatal accident at work lawyer first secured an interim payment to assist with the immediate financial difficulties. She was subsequently able to negotiate over £200,000 in accident at work compensation for her husband’s suffering and her loss. This was based on our client being a dependant of the deceased and the future earnings lost due to his untimely death.
More about Fatal accident compensation for widow

Annual HSE fatal accident at work figures

In March 2009, the HSE (Health & Safety Executive) reported a provisional 6-month figure of 90 fatal accidents at work (see our News item “HSE latest fatal injury numbers” dated 2nd March 2009). Based on historical data, this was on target to be a record low, with a significant decrease on the previous five-year average. The provisional figure was in fact a 22% decrease on that average.

Figures issued by the HSE for the 12-month period to end of March 2009 have confirmed this trend with an annual figure of 180. However, it must be remembered that this figure is provisional until June 2010 when fatalities that can occur some time after the accident at work will be taken into account.

More about Annual HSE fatal accident at work figures

HSE latest fatal injury numbers indicate a reduction on previous years

The Health & Safety Executive has stated that there were 90 fatal injuries to workers for the six months up to end September 2008.

However, the HSE stresses that these figures are highly provisional, as there are frequently a few incidents which are reported late each year, and some fatal investigations may still be ongoing. It will be March 2010 before these figures are finalised, and they will also include deaths up to a year after the date of the accident. A reporting year covers the period 1 April to 31 March.
More about HSE latest fatal injury numbers

Widow of man in fatal accident at work receives compensation

The widow of a man crushed to death in a tragic accident at work, has received compensation for the loss of her husband.

Damages were claimed under the Law Reform Act and / or Fatal Accidents Act 1976 (amended by the Administration of Justice Act 1982).
More about Widow Of Man In Fatal Accident

High Court rules in favour of mesothelioma victims

In a victory for fairness, justice and common sense, the High Court today (21 November 2008) ruled that victims of mesothelioma will be entitled to claim compensation from insurers. The test case had been brought to the High Court to determine whether the “trigger” for employers’ insurers liability to pay compensation should be the development of the disease, or the exposure to asbestos.
More about High Court rules in favour of mesothelioma victims

Fatal injuries at work - Compensation for family of man crushed to death

The family of a man crushed to death has received a substantial sum in fatal injuries compensation for the loss of their husband and father through an accident at work. The victim was tragically crushed to death when a misunderstanding led to a colleague starting the machine in which he was working.
More about Compensation For Family Of Man Crushed To Death

Daughter awarded mesothelioma compensation after father’s tragic death

Working all his life in and around boilers, often in very confined spaces, our client’s father was exposed to asbestos over a lengthy period by several employers.

Employed by British Rail for many years following the second world war, he only took a break in order to carry out his national service, returning in 1955. When he left to work elsewhere, this exposure was to continue, although not on the scale of the neglect he suffered through British Rail.
More about Daughter Awarded Mesothelioma Compensation

[ Back to List ]

Fatal personal injury compensation claims

If you do have a valid personal injury compensation claim for any type of accident or illness, including serious and fatal accidents 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. You will receive 100% of the compensation awarded to you.

Strict time limits apply for making a personal injury compensation claim, so please seek expert legal advice as soon as you think you may have a valid claim for compensation.

Telephone us now on 0800 783 9019 or complete one of our online compensation claim forms and a representative will contact you as soon as possible.

[ Back to Top ]