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Fatal Injury Claims

Claiming on behalf of a deceased relative

When we lose a loved one in difficult circumstances like an accident, the last thing on our minds is compensation. Some people are not even aware they may be entitled to compensation for the loss of their loved one. When someone dies in an accident that was not their fault, their family may raise a fatal injury compensation claim. 

For example, if your partner is killed in a Road Traffic Accident or Accident at Work, and you are dependent on your partner to support you whilst you care for your children, then you can make a fatal injury compensation claim to help with the financial losses and emotional pain caused by their death. In this scenario we can see how important fatal injuries compensation claims can be to help the family carry on following the death.

As life must go on, fatal injuries compensation claims are very important for the family left behind. Therefore you will need a solicitor with extensive experience dealing with both complicated and high value claims, alongside this you need a firm who can act with empathy and compassion towards your circumstances, a solicitor that is there for you in your time of need. At BHP we have both of those things; with extensive experience and a team dedicated to making this process as painless as possible for you; with home visits and direct lawyer contact.

 

Why BHP Law in fatal injury claims?

At BHP Law we have specialist personal injury lawyers and we have dealt with many fatal injury claims after people have been killed in accidents at work, road traffic accidents or even as a result of clinical negligence

We have a team of expert solicitors based throughout our North East offices. We can also offer advice nationwide, dealing with cases remotely or offering home visits. We have a wealth of experience of dealing with very serious injuries and with fatal accident cases,see examples of our previous cases below.

 

How to make a personal injury claim for a deceased relative?

Fatal injuries compensation claims follow the same rules as a personal injury claim being raised by the victim; you need to be able to prove that the accident and therefore injury/fatality was a direct result of someone else's negligence. Once a solicitor has been instructed they will help you in gathering the evidence to present that we will then need to present to the third party insurers

 

How long will my claim take?

Every personal injury claim is very different, and whilst we endeavour to settle your claim as soon as possible, we cannot guarantee a time scale in which your case will take to settle. Some cases settle within a matter of months due to an early admittance of liability, whereas others can take years with disputed liability and the need to issue Court proceedings. Whilst it is important to note that most cases these days settle out of Court, a few will still need to progress this far. However, Court proceedings are not always a guarantee of going to Court as there is still time for the defence to attempt to settle out of Court.

 

What is recoverable in fatal accident compensation claims?

With fatal injury accident claims it is essential to know what you may be entitled to; many fatal injury claims can include repayment of financial losses such as funeral costs, as well as compensation for the pain and suffering of the deceased due to the injuries gained and a bereavement award for the deceased's spouses or parents.

All claims vary in what can be claimed for and therefore the potential compensation amount. Typical inclusions for fatal injuries compensation claims are;

  • Compensation for the pain and suffering of the deceased
  • Bereavement award for the spouse or parents of the deceased
  • Financial losses;
    • Funeral Expenses
    • Pension calculations
    • Loss of earnings

This list is not exhaustive and may include a figure for the care of any dependents. For further information please feel free to contact us with any questions. Claims from dependents, if proven to be financially dependent, can be very valuable and complicated to calculate, however when discussing these elements with a solicitor it is important to ascertain whether or not they have the experience to calculate these accurately.

 

Who can claim on behalf of deceased relative?

A personal injury compensation award for fatal injuries can be made by;

  1. On behalf of people who are/were affected by the bereavement; normally a spouse, civil partner, or the victims parents/children. Cohabiting partners, such as a common law husband and wife that have lived together continuously for more than 2 years prior to the date of death have the same rights as married couples in relation to personal injury compensation claims. 
  2. Equally, on behlaf of people who are/were financially dependent on the deceased. This will usually be family members, but can include grandchildren in the long term or permanent care of a grandparent or relative that has been fatally injured; or any dependents including elderly relatives and/or disabled relatives. 

Claims from dependents can be very valuable, depending on factors such as age of the dependent and financial extent of the dependency. These claims can be difficult to calculate and you will need a solicitor with experience in this area. If you are a relative/dependent of someone who has been killed in an accident, please do not hesitate to contact us for free no obligation advice regarding your situation.

 

How to claim

BHP Law are experienced in all personal injury matters with particular experience of fatal injury claims. Our solicitors will be able to advise you whether or not you have a valid claim for compensation and will be happy to talk you through the process of making a claim in plain English and answer any queries you may have. 

If you think you may be entitled to claim or know someone that might but would like to receive some accurate claims advice, please fill in the online enquiry form or contact us.

 

Examples of previous claims:

  • A motorcyclist involved in a collision with a car, where unfortunately the motorcyclist died at the scene. The driver of the vehicle was arrested for causing death by dangerous driving and we were able to recover damages of approximately £200,000 on behalf of the deceased's family. 

  • A cyclist was fatally injured following a collision with a lorry driver. This case is still on-going, however the compensation award is estimated in the region of £300,000. 

  • We have experience with high profile cases that have entered the national press; we acted on behalf of the victim's parents whose son had been killed in a head on collision with a van, whilst riding a motorbike. The van driver was arrested on suspicion of causing death by dangerous driving. But despite there being confirmed liability from the other party, there were still complex issues involved with the care of the victim's wife and loss of earnings. We were able to recover damages in excess of £160,000.

 

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