What compensation can I claim for my car accident?
Posted on 11th June 2019
Given that there were 1,793 reported deaths on the road in 2017 and over 24,800 serious injuries, it is clear that we need to be as careful and considerate as possible when we’re driving around on our day-to-day travels. On top of those who were sadly killed or seriously injured, there was over 170,000 casualties of all severities on the road in the same year. It’s important to remember, too, that these figures - as reported by gov.uk - only include road traffic accidents reported to the police, and not those that go unreported. This means that these figures could be even higher!
So, if you’ve got a family member who has been the victim of a fatal car accident, what sort of claim for compensation could be made?
First of all, according to the Fatal Accident Act 1976 (FAA 1976), if the death of the victim is caused by another person’s negligence or error, the dependents of the deceased could be entitled to make a claim. As defined in the act, a dependant could include the current or former spouse or civil partner, a person who lived in the same household as the deceased for a period of at least two years, any parent, grandparent or great-grandparent (or person treated as a parent), any person who was cared for by the deceased, a child or other descendant of the deceased, any person treated as a child (i.e. a step-child or adopted children) by the deceased, or any person who is the child of a relative such as a brother, sister, aunt or uncle.
So, what can the descendants claim? Well, as set out in section 1(A) FAA 1976, the statutory award for bereavement is £12,980.00, although this is subject to amendment by the Lord Chancellor. This can, however, only be claimed by the spouse, or if the deceased was a minor, by his parents (if they were married), or by his mother, if the deceased was illegitimate. You can read our full blog about Fatal Accidents, here.
On top of this amount, or instead if the criteria for a statutory award for bereavement are not fulfilled, the descendants could claim for the following:-
Pain and suffering of the deceased whilst they were alive.
Actual losses, such as any costs of caring for the deceased and estate expenses after their death, for example Funeral expenses.
Loss of earnings, for the period the deceased was alive but unable to work.
Loss of services, such as for chores the deceased carried out including housework, childcare, day-to-day DIY and, in some cases, carers costs if the deceased cared for a person who needed a replacement carer.
Losses for dependants – if a dependant relied on the income of the deceased, such as a child, spouse or older parents, the calculation will be made based on the income of the deceased, with amounts such as pension, bonuses and allowances being accounted for.
So, if you think you may be entitled to make a claim following the death of a loved one, contact our road accident solicitors on 01995 602 129 or email email@example.com.
If you have been involved in an accident, or a minor (a person under the age of 18) has been the victim of a road traffic accident, then you could be entitled to make a claim either for yourself, or on their behalf. Your road accident solicitors, MG Legal, are able to help you assess your injuries and will be able to deal with the claim on your behalf. You can read our blog about how much compensation you could be entitled to, here.
So, if you want to start your “No Win, No Fee” Personal Injury compensation claim, you can contact our road accident solicitors’ team here to find about what you are entitled to.
MG Legal – Your Local Solicitors
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