Undoubtedly, the circumstances surrounding a fatal accident or injury claim are distressing and traumatic for the grieving family of the victim. The complex legal intricacies associated with a personal injury claim of this nature mean that seeking expert legal advice is imperative, in both alleviating any stress and ensuring a successful compensation settlement.
If a victim has died before legal proceedings have been initiated or if the claim was already started by the victim then it is still possible to continue or begin a claim for compensation. Thanks to the Fatal Accidents Act 1976 compensation can be claimed by a relative or person close to the victim who died because of third party negligence. It is worth remembering that third party negligence leading to the death of the victim must be proved for fatal injury claims to be successful.
People most likely to continue or start a claim for fatal injury are: –
Fatal Injury compensation for close relatives takes into account the following damages:
These are the most tangible kinds of financial losses including: –
Some diseases which result in death can mean a great deal of suffering for the victim before they pass away. Compensation for such discomfort and suffering is measured in keeping with the will of the deceased person.
The bereavement aspect of a compensation claim is remunerated in the form of £11,800, payable to the spouse of the deceased. Parents can also claim this if their child is under 18, unmarried and living with a parent/parents.
This forms the largest segment of the compensation in the instance where the deceased has left behind a financially dependent person or persons. The amount awarded is gauged by the regular salary of the deceased person. Other benefits like pensions, healthcare arrangements and reward schemes (e.g. bonuses) are also factored into this sum.
Usually, the time limit to pursue a personal injury compensation claim is 3 years from the date of the injury. However, in cases where death has occurred there can be some exceptional circumstances existing which can alter this rule slightly.
Of course, every claim is different and while some cases can be settled within months, it is not unusual for fatal accident claims to take years to settle. We can draw on our unrivalled knowledge in this field by working hard to get you the compensation amount you and your relative deserve and also the peace of mind that will go some way in helping you through a difficult time.