Lawyers Specialising in Compensation Claims Following a Fatal Accident
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Losing a loved one is always devastating. It can be even harder when their death was caused by an accident, medical mistake or other incident that should never have happened. While no amount of compensation can make up for your loss, a fatal injury claim can provide financial support for those left behind and help ensure that those responsible are held accountable. At Bonallack & Bishop, our experienced Fatal Accident Claims Solicitors, handling both personal injury and medical negligence claims, provide clear, compassionate advice to families dealing with the aftermath of a fatal accident.
Our personal injury and medical negligence teams offer FREE initial phone advice, and a FREE initial first interview for all injury claims – face-to-face or on Teams video. So call us now on FREEPHONE 0800 1404544 or locally on 01722 422300 and find out where you stand.
What Is a Fatal Accident Claim?
A fatal injury claim arises when someone dies because of injuries caused by another person or organisation’s negligence.
Depending on the circumstances, a claim may be brought on behalf of the deceased person’s estate and, in many cases, by certain family members who have suffered financial loss because of the death.
Fatal accident claims in England and Wales are governed primarily by:
- The Fatal Accidents Act 1976
- The Law Reform (Miscellaneous Provisions) Act 1934
These laws allow compensation to be claimed for a range of losses arising from the death.
Common Causes of Fatal Accident Claims
Fatal injury claims arise from a range of incidents and accidents including:
• Accidents at work. Employers have a duty to provide a safe working environment. Where a fatal accident occurs because of unsafe working practices, defective equipment or failures in health and safety procedures, compensation may be available.
• Fatal road traffic accidents. Claims may arise following fatal car, motorcycle, bicycle, pedestrian or commercial vehicle accidents caused by negligent drivers.
• Industrial disease.
Certain industrial diseases can prove fatal, sometimes many years after exposure. Examples include:
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- Mesothelioma
- Asbestos-related disease
- Occupational cancers
- Other work-related illnesses
Click here to find out more about Industrial Disease Claims
• Death caused by an accident on holiday. Fatal accidents occurring abroad may also give rise to compensation claims, depending on the circumstances.
• Medical negligence. Sadly, some deaths occur because of mistakes made by healthcare professionals. Examples include:
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- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication errors
- Failures in emergency treatment
- Negligent hospital care
Click here to read more about medical negligence claims.
• Nursing home and care home negligence deaths. Where inadequate care, neglect or medical failings contribute to a resident’s death, a claim may be possible.
Click here to read more about Nursing Home Negligence Claims
Fatal accidents occurring abroad may also give rise to compensation claims, depending on the circumstances.
Who Can Receive Compensation Following a Fatal Accident?
The law allows certain people to claim compensation following a fatal accident.
Claims may be brought on behalf of the deceased person’s estate. In addition, compensation may be available for family members and dependants who have suffered financial loss because of the death.
Those entitled to claim may include:
- A spouse or civil partner
- A cohabiting partner who meets the legal requirements
- Children
Parents - Other family members who were financially dependent on the deceased
Depending on the circumstances, compensation may be available for loss of income, loss of pension benefits, loss of services provided by the deceased, funeral expenses and other financial losses.
Certain close family members may also be entitled to claim a statutory bereavement award.
What Compensation Can Be Claimed?
Every case is different. Depending on the circumstances, compensation may include:
- Pain, suffering and losses experienced by the deceased before death
- Funeral expenses
- Loss of financial dependency
- Loss of pension benefits
- Loss of services provided by the deceased
- Bereavement damages where applicable
- Other financial losses suffered by dependants
Where the deceased was the main earner in a family, compensation can help provide long-term financial security for a surviving spouse, partner or children.
Inquests and Fatal Accident Claims
Where a death is sudden, unexplained or raises concerns, the Coroner may decide that an inquest is required to determine the cause of death.
An inquest is a public investigation into:
- Who died
- When they died
- Where they died
- How they died
The purpose of an inquest is to establish the facts surrounding a death. It does not determine civil liability or award compensation. The coroner, who presides over the inquest, is likely to call witnesses to testify on both sides of the case. This is usually the first part of the process; if the coroner rules that the other party caused the accident that led to the person’s death, you will then be able to pursue your fatal injury claim. So, evidence heard during an inquest can often be important when pursuing a fatal injury claim.
Dealing with the death of someone close to you is always hard, but it is even harder if they die as a result of an accident that wasn’t their fault. Making a fatal injury claim on their behalf might not make the hurt go away, but it can be an important step towards putting things straight.
If someone close to you suffered personal injury as a result of an injury that wasn’t their fault and subsequently died from it, you may well be able to make a fatal injury claim at an inquest.
Making such a claim might be the last thing on your mind, but if you are successful in obtaining compensation on behalf of the deceased, it could help you take care of practical concerns. For instance, if someone dies and leaves behind a partner and a young family, there is a need to provide for the children and so making a fatal injury claim can be a sensible step.
Click here to read more about our inquest service.
Our specialist inquest representation service
Many families find the inquest process daunting, particularly where hospitals, employers, local authorities or other organisations are legally represented.
Our specialist inquest team can:
- Advise you before the hearing
- Review evidence and witness statements
- Help prepare questions
- Represent you throughout the inquest process
- Support any related compensation claim
We regularly assist families with inquest representation throughout Wiltshire, Dorset, Hampshire, Berkshire, and Hampshire.
Time Limits for Fatal Accident Claims
Strict time limits apply to fatal accident claims. In many cases, court proceedings must be started within three years of the date of death. However, the exact limitation period can vary depending on the circumstances.
It is always advisable to seek legal advice from a specialist personal injury solicitor as soon as possible to get the process underway and start collecting supporting evidence.
Funding Fatal Accident Claims
Many fatal injury claims can be funded through a Conditional Fee Agreement, commonly known as a No Win No Fee agreement. Funding arrangements vary depending on the circumstances of the case. During your initial consultation, we can explain the available options and advise on the most appropriate funding method for your claim.
Fatal Accident Claims Solicitors – Why Choose Bonallack & Bishop?
We understand that families bringing fatal accident claims are often dealing with grief, uncertainty and financial concerns at the same time. And you need specialist advice to help you at this difficult time. Personal injury and medical negligence is all our dedicated team of claims solicitors do. In particular they provide:
- Clear, practical advice
- Sensitive and compassionate support
- Specialist expertise in personal injury, medical negligence and inquest work
- No-obligation initial advice
- Straightforward explanations without unnecessary legal jargon
Speak to one of our Fatal Accident Claims Solicitors
If you have lost a loved one because of an accident, medical negligence or another incident that was not their fault, we are here to help.
Contact Bonallack & Bishop today on FREEPHONE 0800 1404544 for a FREE initial discussion with an experienced fatal injury claims solicitor.
Fatal Accident Claims Solicitors – Frequently Asked Questions
Who can make a fatal accident claim?
The deceased person’s estate may be able to bring a claim, and certain family members or dependants may also be entitled to claim compensation under the Fatal Accidents Act 1976. Eligible claimants may include spouses, civil partners, cohabiting partners, children, parents and other dependants.
How long do I have to make a fatal injury claim?
In most cases, court proceedings must be started within three years of the date of death. However, exceptions can apply, so it is important to seek legal advice as soon as possible.
What compensation is available after a fatal accident?
Compensation may include funeral expenses, bereavement damages, loss of financial dependency, loss of services provided by the deceased and compensation for pain and suffering experienced before death.
Can I make a claim if the death was caused by medical negligence?
Yes. If negligent medical treatment caused or contributed to a death, compensation may be available. Examples include delayed diagnosis, surgical errors, medication mistakes and negligent hospital care.
Do I need a solicitor for an inquest?
No. You are not legally required to have a solicitor at an inquest. However, legal representation can be valuable where the circumstances are complex or where other parties are represented by lawyers.
Does an inquest decide who was responsible for the death?
No. An inquest establishes who died and when, where and how they died. It does not determine civil liability or award compensation.
Can I bring a claim if there is also a criminal investigation?
Yes. A fatal accident claim is separate from any criminal proceedings and may still be pursued regardless of whether criminal charges are brought.
How are fatal accident claims funded?
Many fatal injury claims can be funded using a No Win No Fee agreement.
Will I have to attend court?
Most fatal injury claims settle before reaching a final court hearing. If court proceedings become necessary, your solicitor will explain the process and support you throughout the claim.
How long does a fatal injury claim take?
The timescale depends on the complexity of the case. Straightforward claims may settle within months, while more complex claims can take considerably longer.
