For Fatal Accident Claims Call 01772 783314
Fatal Accident Claim Specialist Solicitors
There are no words to describe the pain that a family member being lost to a fatal accident can cause to loved ones, and no amount of financial compensation that can lessen that pain.
What compensation through a fatal accident claim can do, is to help the family members that have lost a loved one to re-build their livelihoods, and get on with life without the added pressure of financial strain or worry.
Below, our NO WIN NO FEE specialist fatal accident claims personal injury solicitors have put together a fatal accidents claims guide for you.
What is a fatal accident claim for compensation?
A fatal accident claim, or a claim for fatal accident compensation, is a specific type of personal injury claim which seeks to recover losses for a death caused by negligence, and provide these to the family and loved ones of the lost person.
Many of us take it for granted to go about our daily tasks safely, without recognising that there is a degree of risk involved in everything that we do in our lives. Some of the most common incidents that can unfortunately lead to a fatal accident include:
Accidents at work- including forklift truck accidents, construction accidents, chemical misuse, and falling objects
Road traffic accidents- from car crashes, to cycling accidents, to motorcyclist crashes, or even being hit as a pedestrian
Criminal assault- whether by a stranger or someone close to us, criminal attacks can sometimes result in fatal accident claims
Faulty electrical products- from appliances such as tumble dryers, to hair styling tools.
Who can make a fatal accident claim?
If you’re reading this page, you may be wondering, ‘am I eligible to make a fatal accident claim?’. When it comes to fatal accidents, they are able to be made by family members and dependants.
This can include:
Spouses- husbands or wives
Cohabitees- partners living with the deceased for over two years, even if they are not married
Civil partners of the deceased
Ex-spouse of the deceased
Grandparents of the deceased
Parents of the deceased
Children of the deceased
Grandchildren of the deceased
Step-children of the deceased
Those not related, but treated as children by the deceased
Siblings of the deceased
Others who were financially dependant on the deceased
What can I claim for in a fatal accident claim?
A fatal accident claim is a very unique type of personal injury claim that can be made by the nearest and dearest of somebody who has been lost in a fatal accident of any kind.
The fatal accident claim can be broken up into a number of different things, including:
Pain and suffering involved in the death itself and the circumstances involved
Any medical fees/care costs/travel costs/loss of earnings (applicable only when the death was not instant after the accident)
Bereavement award- this money is awarded under the Fatal Accident Act 1976, and is given to the person closest to the deceased, usually their spouse or parent.
Dependency claim- this money is calculated to take into account a number of factors, including the loss of income of the deceased, loss of pension, and loss of contribution to household expenses and family responsibilities
What is a statutory bereavement award?
The bereavement award payment of a fatal accident claim is a statutory, standard rate payment that is available after a fatal accident resulting in the loss of a loved one. It is paid to the spouse of the deceased, or the parents of the deceased for a child under the age of 18. Currently, this statutory bereavement payment is £12,980.
However, with most fatal accident claims, this does not make up the most significant part of the available compensation. This comes from the ‘dependency claim’, which is explained below.
How is the ‘dependency claim’ calculated in a fatal accident claim?
The ‘dependancy claim’ is a separate part of a fatal accident claim, that can be made under the Fatal Accident Act 1976 by any dependants of the deceased. Essentially, this claim aims to leave the family members and other dependants in the same financial state that they would have been in if the deceased was still alive. This amount is not automatically awarded, and must be claimed for. As a part of this, the Court will always try to enable the same standard of living, and ensure that the dependants are not worse of financially because of the death.
Dependency claims work as follows:
The first step of a dependency claim is to calculate the yearly salary and income of the deceased person, taking into account all streams of income. From this value is then deducted a realistic amount that the deceased person would have spent on themselves throughout the year (rougly 25-30%, depending on the amount). The remaining amount is then available to be included in the dependency claim.
This amount, representative of an annual figure, is then multiplied in line with however many years the deceased would have provided financially for the involved dependants. This is generally either at an average age of death, or retirement age, depending on the situation.
This final amount is then the figure that can be claimed for by the dependant in the form of a dependency claim.
As is evident here, these claims can often be very confusing, and must be done in a particular way. If in doubt, get in touch with a specialist fatal accident claims solicitor, such as MG Legal, in order to assist with the claim on your behalf.
How much are the injuries involved in a fatal accident claim worth?
If your relative or loved one has lost their life in a fatal accident, then you can make a claim for financial compensation through a fatal accident claim for the injuries that they sustained as a part of the accident, known as pain and suffering. The overall amount of compensation that your fatal accident claim will be worth will depend on a number of different factors, including the circumstances of the fatal accident itself, as well as how much you financially depended on the deceased.
In terms of the circumstances of the death, not taking into account the other aspects of a fatal accident claim, our specialist fatal accident claim solicitors have put together the below table outlining the amount of compensation available for the corresponding pain and suffering.
Expected financial compensation:
Full awareness- severe burns and lung damage followed by full awareness for a short period and then fluctuating levels of consciousness for between four and five weeks, coupled with intrusive treatment, followed by death within a couple of weeks up to three months.
£11,770 to £22,350
Followed by unconsciousness- severe burns and lung damage causing excruciating pain but followed by unconsciousness after three hours and death two weeks later.
£9,870 to £10,010
Immediate unconsciousness and death after six weeks.
£3,530 to £4,120
Immediate unconsciousness and death within one week.
£1,290 to £2,620
How can MG Legal’s personal injury solicitors help with my fatal accident compensation claim?
Our specialist personal injury solicitors specialising in fatal accident claims accept all of our fatal accident claims on a No Win No Fee basis. This allows you to make a claim at no financial risk as our client.
We are able to work in this way thanks to our success rate in excess 99%, which has been accumulated over thirty years in the personal injury field.
Our specialist team of solicitors understand that the period of time after losing a family member or loved one can be emotional, difficult, and even frustrating. Because of this, your designated fatal accident claims solicitor will ensure to always act with sensitivity, and to carefully guide you through the entire process while making it all as easy as possible for both you and your family.
If, at any point throughout the claims process, you feel a need to speak to your solicitor about anything, we always make this simple, and they will only be a phone call away. No question is ever too big or too small for them.