Fatal Accidents Claim

Losing a loved one is a devastating and overwhelming experience that can affect you and your family in many ways. Our personal injury solicitors are here to help you deal with the legal and financial consequences of such a tragic event, especially if your loved one was the main source of income for the family. We can assist you in pursuing a claim for compensation if their death was caused by someone else’s negligence or wrongdoing, such as in fatal accidents.

Fatal Accidents: The Law

The UK has seen several legal changes that have improved the process of claiming compensation for fatal injuries. These changes have helped families to receive the justice they deserve after losing a loved one.

One of the key changes is the Fatal Accidents Act 1976. This Act enables the dependents of a person who has died due to someone else’s negligence to claim compensation for their loss. The dependents can include the deceased’s spouse, children, parents, and siblings.

The Act also allows the dependents to claim for their own emotional distress, as well as for the financial loss they have experienced as a result of the death. This can cover the expenses of the funeral, loss of income, and loss of the deceased’s care and support.

Another significant change is the Pre-Action Protocol for Fatal Accidents Claim. This protocol outlines a clear procedure for families to follow when making a claim for compensation. The protocol aims to ensure that claims are handled fairly and quickly.

The protocol also obliges the defendant to provide the claimant with certain information, such as the details of their insurers and their legal representative. This information can be useful for the claimant in knowing their legal rights and choices.

These changes have made it easier for families to get the compensation they deserve after losing a loved one due to someone else’s negligence. If you have suffered a fatal accident in your family, you should consult a personal injury lawyer to discuss your legal options. A lawyer can help you understand your rights and can pursue the compensation you deserve.

Some additional details about the legal changes

The Thalidomide children, who suffered severe birth defects due to their mothers taking the drug Thalidomide while pregnant, sparked a public outcry that led to the enactment of the Fatal Accidents Act 1976. The Act simplified the process of claiming compensation for the families of the Thalidomide children and other victims of fatal accidents.

In 2005, the Pre-Action Protocol for Fatal Accident Claims was implemented to enhance the efficiency and fairness of the claims process. The protocol establishes a clear timeline for the parties to exchange information and encourages early mediation.

If you have lost a loved one as a result of someone else’s negligence, you should consult a personal injury lawyer to explore your legal options. A lawyer can help you understand your rights and can advocate for the compensation you deserve.

 

Claim Today have been assisting clients since 1999 and the claim time is now

Call 0800 29 800 29 or WhatsApp +44 7901 558 530 or email info@claimtoday.com

Accident or Injury Claim Today Backing you 100% since 1999

Fatal Accidents

Frequently asked questions

In the UK, the time limit for bringing a fatal accident claim is three years from the date of the death. This is the same time limit that applies to other types of personal injury claims.

However, there are some exceptions to this rule. For example, if the deceased was a child, the time limit may start to run from the date they would have turned 18 years old.

If you are considering bringing a fatal accident claim, it is important to speak to a lawyer as soon as possible. A lawyer will be able to help you assess your case and advise you on the best time to start a claim.

Yes, you can claim compensation for accidental death in the UK. This is known as a fatal accident claim.

The person bringing the claim is known as the claimant and can be a family member of the deceased, such as a spouse, child, or parent. The claimant must be able to prove that the death was caused by the negligence of another person or organization.

The amount of compensation that can be awarded in a fatal accident claim will depend on the specific facts of the case. This includes the age of the deceased, the severity of the injuries, the impact of the death on the family, and the fault of the other party.

The Fatal Accidents Act 1976 (FAA) is a UK law that allows certain people to claim compensation if a loved one is killed as a result of someone else’s negligence.

The FAA allows two types of claims:

  • Dependency claims: These claims are brought by people who were financially dependent on the deceased. They can claim for the loss of financial support, such as lost earnings, pension contributions, and childcare costs.
  • Loss of dependency claims: These claims are brought by people who were not financially dependent on the deceased, but who suffered a loss as a result of their death. This could include things like loss of companionship, emotional distress, and funeral expenses.

The FAA also allows for a claim for bereavement, which is a fixed sum of money that is paid to the spouse or civil partner of the deceased.

The damages that you can get from fatal claims depend on the specific facts of your case. However, there are some general types of damages that are commonly awarded in fatal claims, including:

  • Loss of dependency: This is the most common type of damage awarded in fatal claims. It is the loss of financial support that the deceased would have provided to their dependants if they had not died. This could include things like lost earnings, pension contributions, and childcare costs.
  • Loss of companionship: This is the loss of the deceased’s companionship, care, and guidance. This could be a significant loss, especially for spouses, children, and other close relatives.
  • Emotional distress: This is the pain and suffering that the dependants have suffered as a result of the death. This could include things like grief, anxiety, and depression.
  • Funeral expenses: These are the costs of the deceased’s funeral and burial.
  • Bereavement award: This is a fixed sum of money that is paid to the spouse or civil partner of the deceased.

The amount of damages that you will be awarded will depend on the specific facts of your case. Factors that will be considered include the age of the deceased, the severity of their injuries, the impact of their death on their dependants, and the fault of the other party.

The Fatal Accidents Act 1976 (FAA) is a UK law that allows certain people to claim compensation if a loved one is killed as a result of someone else’s negligence.

The FAA allows two types of claims:

  • Dependency claims: These claims are brought by people who were financially dependent on the deceased. They can claim for the loss of financial support, such as lost earnings, pension contributions, and childcare costs.
  • Loss of dependency claims: These claims are brought by people who were not financially dependent on the deceased, but who suffered a loss as a result of their death. This could include things like loss of companionship, emotional distress, and funeral expenses.

The FAA also allows for a claim for bereavement, which is a fixed sum of money that is paid to the spouse or civil partner of the deceased.

In the UK, the time limit for claiming compensation for a personal injury is three years from the date of the accident. This is known as the limitation period.

There are some exceptions to this rule, but they are very limited. For example, if you were a child at the time of the accident, the limitation period may start to run from the date you turned 18 years old.

If you try to claim compensation after the limitation period has expired, your claim will almost certainly be dismissed.

There are a few things you can do if you have missed the limitation period:

  • Apply for an extension of time: You can apply to the court for an extension of time if you have a good reason for missing the deadline. However, the court will only grant an extension if it is satisfied that there are exceptional circumstances.
  • Make a claim in the Court of Protection: If you are unable to make a claim yourself, you may be able to make a claim through the Court of Protection. The Court of Protection can make a claim on your behalf if it is satisfied that you lack capacity to make a claim yourself.

It is important to note that the law on limitation periods can be complex. If you are unsure whether you have missed the limitation period, you should speak to a lawyer as soon as possible.

The amount of fatal accident compensation in the UK can vary depending on the specific circumstances of the case. However, there are some general guidelines that can be used to estimate the amount of compensation that may be awarded.

The Judicial College Guidelines (JCG) provide a range of compensation amounts for different types of injuries, including fatal accidents. The JCG is not legally binding, but it is often used as a starting point for calculating compensation in personal injury claims.

For fatal accidents, the JCG suggests that the following amounts may be awarded:

  • Bereavement award: £12,980 (as of May 2020)
  • Loss of dependency: This is the most common type of damage awarded in fatal claims. It is the loss of financial support that the deceased would have provided to their dependants if they had not died. The amount of compensation awarded will depend on the dependants’ age, income, and needs.
  • Loss of companionship: This is the loss of the deceased’s companionship, care, and guidance. This could be a significant loss, especially for spouses, children, and other close relatives. The amount of compensation awarded will depend on the relationship between the deceased and the dependant.
  • Emotional distress: This is the pain and suffering that the dependants have suffered as a result of the death. The amount of compensation awarded will depend on the severity of the dependants’ emotional distress.

It is important to note that these are just estimates, and the actual amount of compensation that may be awarded will depend on the specific circumstances of the case. If you have been affected by a fatal accident, you should speak to a personal injury lawyer to discuss your case and get an estimate of the compensation you may be entitled to.

The Fatal Accidents Act 1976 (FAA) is a UK law that allows certain people to claim compensation if a loved one is killed as a result of someone else’s negligence.

The FAA allows for a claim for bereavement, which is a fixed sum of money that is paid to the spouse or civil partner of the deceased. The current level of the bereavement award is £12,980 (as of May 2020).

The bereavement award is intended to compensate the spouse or civil partner for the loss of their loved one’s companionship, care, and guidance. It is not intended to compensate for the pain and suffering of the loss, as this is covered by the other damages that can be claimed under the FAA.

The bereavement award is not taxable, and it is not affected by the deceased’s income or assets.

Section 4 of the Fatal Accidents Act 1976 (FAA) allows certain people to claim compensation if a loved one is killed as a result of someone else’s negligence.

Specifically, Section 4 of the FAA allows for a claim for loss of dependency. This is the loss of financial support that the deceased would have provided to their dependants if they had not died. The amount of compensation awarded will depend on the dependants’ age, income, and needs.

For example, if the deceased was the main breadwinner in the family, their dependants may be able to claim for the loss of their income. If the deceased was also providing childcare, their dependants may be able to claim for the cost of childcare.

The loss of dependency claim can be made by the deceased’s spouse, civil partner, children, parents, and siblings.

The damages that you can get from fatal claims depend on the specific facts of your case. However, there are some general types of damages that are commonly awarded in fatal claims, including:

  • Loss of dependency: This is the most common type of damage awarded in fatal claims. It is the loss of financial support that the deceased would have provided to their dependants if they had not died. This could include things like lost earnings, pension contributions, and childcare costs.
  • Loss of companionship: This is the loss of the deceased’s companionship, care, and guidance. This could be a significant loss, especially for spouses, children, and other close relatives.
  • Emotional distress: This is the pain and suffering that the dependants have suffered as a result of the death. This could include things like grief, anxiety, and depression.
  • Funeral expenses: These are the costs of the deceased’s funeral and burial.
  • Bereavement award: This is a fixed sum of money that is paid to the spouse or civil partner of the deceased.

The amount of damages that you will be awarded will depend on the specific facts of your case. Factors that will be considered include the age of the deceased, the severity of their injuries, the impact of their death on their dependants, and the fault of the other party.

In the UK, the general time limit for claiming compensation for a personal injury is three years from the date of the injury. This is known as the limitation period.

However, there are some exceptions to this rule. For example, if you were a child at the time of the injury, the limitation period may start to run from the date you turned 18 years old.

If you try to claim compensation after the limitation period has expired, your claim will almost certainly be dismissed.

However, there is an exception to the limitation period for personal injury claims. If you can show that you were unaware of your injury until more than three years after it happened, you may still be able to claim compensation. This is known as the ‘latent damage’ exception.

To rely on the latent damage exception, you will need to show that:

  • You did not know about your injury until more than three years after it happened.
  • Your injury was caused by a defect in a product or a service.
  • The defect was not obvious.
  • You would not have discovered the defect within a reasonable time.

If you can show that all of these factors apply, you may still be able to claim compensation for your injury, even though more than three years have passed since it happened.

Start your claim today with our online claim form

Make a claim in minutes with our online claim form, and a member of our team will be in touch to make sure your details are correct and if you want to proceed with your claim.

Make your fatal accident compensation claim today

Request a callback

claim-today-clock-Thumbs Up-pose

We've made it very easy to get advice