Tragically, some serious accidents can have fatal consequences. While losing a loved one is a deeply upsetting experience, it can also inflict financial hardship. It’s crucial that if tragedy were to occur, you take the correct legal steps.
No amount of money will ever be enough to make up for the emotional turmoil that you feel, but fatal accident compensation can help ease some of the financial pressure you may be under.
At Slater Heelis, we have a dedicated team of experts who can help guide you through this undoubtedly challenging period, allowing you to focus on the more important things.
Fatal accidents are regrettably very common. In the year 2022/2023:
• 1,695 fatalities were reported as a result of road collisions (source: GOV.uk)
• 135 worker fatalities due to work-related accidents (source: HSE.gov)
Who Can Make a Fatal Accident Claim?
If you were dependent on the victim (i.e., financially dependent), you are entitled to claim for the loss of that financial support. In most cases, claims are valid if you were financially dependent on the victim and related to them in one of the following ways:
• Spouse (or ex-spouse)
• Co-habiting partner
• Civil partner (or ex-civil partner)
• Child
• Parent
• Brother or sister
• Cousin, aunt, uncle, niece, and nephew
Making a Fatal Accident Claim – A Step-By-Step Guide
If you have lost a loved one in a fatal accident and you want to make a claim, you may need to provide some information:
Medical Records:
Documentation that describes the nature of the deceased’s injuries as well as the cause of death. We can obtain consent to access hospital and ambulance records to assist with any claim.
Visual Proof:
Enquiries can be made so your solicitor may access any CCTV footage to assist with the claim.
Witness Contact Details:
If others were present during the incident, they may be willing to submit a written statement detailing what they saw. It is important you have a way of reaching them.
There is no need to worry if you do not have all this information. Our specialist solicitors at Slater Heelis can help gather this evidence for you.
Bereavement Damages:
An important aspect to consider is Bereavement Damages, a statutory award specifically designed to provide financial support during such challenging times. However, it’s crucial to know that this claim is only applicable to a restricted group of individuals – including the spouse or civil partner of the deceased, a partner who has been cohabiting for over two years, or the parents of a minor. Currently, Bereavement Damages are set at £15,120.00, offering some financial relief.
Importantly, this amount is separate and can be claimed in addition to any dependency claim.
Seeking Legal Advice
We recognise that it can be challenging to deal with any compensation claim, however, dealing with the death of a loved one can be an even harder process. By using the services of one of our experienced solicitors, the process will be more straightforward, and you will have a better chance of receiving the compensation you deserve.
According to the Fatal Accidents Act 1976, dependents have only three years from the date of death to file a claim, however, we recommend starting your claim as soon as possible. This can not only help our solicitors prepare your case more effectively, but it also ensures that you have access to solid evidence before it may be deleted or lost.
We understand that this can be a challenging period for anyone, however our team of experts will be there every step of the way to offer support and guidance.
Dealing with Insurance Companies
Dealing with insurance companies can be a daunting task. They often have experienced legal teams that may attempt to settle the claim for less than its worth. That means that it is essential that you assess all aspects of the claim, including future financial losses, dependency claims, and non-economic damages such as loss of companionship.
It is also essential to prepare for investigations. Insurers will most likely investigate the circumstances of the accident, the deceased’s medical history, and the relationship between the deceased and the dependents.
While insurance claims can be tricky, our solicitors are dedicated to guiding you through the process and will strive for the best possible outcome.
Why Estate Matters
The ‘estate’ are the deceased’s beneficiaries, i.e., the people who become entitled to their assets after death.
In most cases, the deceased’s estate is typically close family members, such as a husband, wife, children, or parents.
Organising the deceased’s estate, wills, and trusts is extremely important because this ensures that assets are protected and can be appropriately distributed after death.
Essentially, this process helps provide closure, and financial security for the deceased’s dependents and ensures that their legacy is honoured according to their wishes.
Common Pitfalls
• Time Limits: The time limit for filing a fatal accident claim is three years from the date of death. Failing to meet this deadline can result in the claim being dismissed.
• Sufficient Documentation: Ensuring that you have all necessary documentation and evidence is essential. This can include accident reports, medical records, and any witness statements. Your claim may be weakened without this evidence.
• Dependency Claims: A common pitfall is the misunderstanding of who is entitled to claim for dependency. While dependents can include a spouse, children or even parents, each case varies, and not all family relationships automatically qualify.
How Slater Heelis Can Help
If you have lost a loved one in a tragic accident, remember that you do not have to go through this alone. Reach out to our team of fatal accident solicitors and let us help honour your loved one’s wishes. You can contact us by calling 0330 111 3131 or by filling in our contact form here.