Fatal Accident Claims

Claims arising from the death of a loved one can be complex. There are certain limitations as to what compensation can be claimed and who can claim. There are four types of compensation that can be claimed:

1. A claim on behalf of the deceased’s estate for lossess suffered, such as funeral expenses, damage to property such as bike or car
2. Pain and suffering prior to death
3. Compensation for Bereavement (currently set at £11,800)
4. Dependency

Those entitled to claim for some or all of the above include:

• Husband/wife of the deceased
• Parents of the deceased where the he/she was a child under the age of 18
• Anyone who was dependent upon the deceased

This is a very complex area of law, governed by two separate Acts of Parliament, namely

• The Law Reform (Miscellaneous Provisions) Act 1935
• Fatal Accidents Act 1976

So long as the death was caused by the negligence of another party, a claim for compensation under these acts can be made. In most cases, the party at fault will be insured and therefore the legal costs as well as the compensation can be recovered.

Practical Advice

You should contact a specialist solicitor as soon as practicable to discuss what steps need to be taken in your particular circumstances.