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Fatal Accident Claims

The effects of losing a family member or a loved one can be devastating. Although it is true that no compensation can undo a tragic event, it is essential to consider that compensation will be essential to carry on following the death.

If you have lost a loved one in an accident that was caused as a result of the negligent act of someone else, it may be possible for you to claim financial compensation.

Types Of Fatal Accidents

There are many different types of accidents for which a fatal accident claim can be made.  Basically, if the accident was caused by someone’s negligence and if that someone owed the victim a duty of care, then a claim for compensation may be possible.

Common types of fatal accidents which can give rise to a claim include the following:

  • Road traffic accident
  • Military accident
  • Clinical negligence
  • Workplace accidents
  • Industrial diseases
  • Accidents abroad

Who Can Claim Compensation Following A Fatal Accident?

A claim for fatal accident can be possible if you were dependent on the deceased financially.  According to the law, those who can recover compensation following a fatal accident include:

  • Spouse of the deceased
  • Former spouse
  • Former civil partner
  • Civil partner
  • Children or grandchildren
  • Parent or grandparents
  • Cohabitee who had been living with the deceased as man or wife for more than 2 years
  • Uncle, aunt, brother or sister

There are generally two parts to a fatal accident claim.  In addition, there is a separate award for bereavement.

Victim’s Claim – this will include compensation for the pain and suffering the deceased had been through prior to death.  For example, if the victim had been involved in a car accident and died a week later in hospital, then compensation can be obtained for his pain and suffering along with all the expenses of treatment.  If the death was instant, then the victim’s claim will not be valid.

Dependent’s Claim – compensation awarded to those who had been dependent on the victim financially.

Statutory Award – a fixed amount of £11,800 is usually paid to the bereaved person after the death of a partner.  This award is paid as a lump sum by the negligent party.

Making A Claim

It is important that you consider seeking legal advice if a loved one has died in a fatal accident.

Our solicitors at wincompensation.com can offer expert advice and help you bring a fatal accident claim.

To discuss your case with a member of our team, give us a call on our free telephone number.

You can also fill in our quick online claim form and request a call back.

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