At Garratts, we understand that the death of a loved one is one of the most difficult moments you will ever experience. It can be especially painful if they passed away as a result of someone else’s negligence. Our team of highly experienced, compassionate personal injury solicitors will focus on getting you the compensation your fatal accident claim deserves, ensuring a safe and secure future for you and your family. If you find yourself in a similar situation, you can reach our team on 0161 665 3502, or contact us online for a free, no-obligation consultation.
Who is entitled to fatal injury compensation?
As stated in the Fatal Accidents Act 1976, you’re entitled to make a compensation claim if you were a dependent of a person who died in a fatal accident that was caused by the negligent behaviour of a third party. A dependent may be defined as follows;
- A surviving spouse or former spouse of the deceased
- A person who lived with the deceased for at least two years prior to their death
- Biological or adopted children, grandchildren and other descendants of the deceased
- Any parents, grandparents or anyone with parental responsibilities for the deceased
- Any close relatives including any siblings, aunts & uncles, nieces & nephews.
Types of fatal accidents
Sadly, there are many different types of incidents that may lead to someone passing away. They are often caused by the negligence of another person. The most common ones are;
What can I claim compensation for?
You may be entitled to different levels of compensation depending on the circumstances surrounding the fatal accident leading to the death of your loved and the consequences resulting from it for you and your family. The types of compensation awarded include;
- Compensation for any pain and suffering the deceased experienced before their death
- Compensation for loss of income or benefits experienced during the time between the deceased’s accident and death, i.e. they were unable to continue working as a direct result of their injury
- Compensation for financial losses, i.e. funeral expenses you had to carry for the deceased
- Loss of services compensation which may cover nursing or care services provided to the deceased and paid for by you.
Am I eligible for a statutory bereavement award?
You may be eligible for a statutory bereavement or statutory parental bereavement award providing your family relation to the deceased is that of a spouse or civil partner, or you’re the parent who experienced the death of your child aged younger than 18 years. The fixed sum set at £15,120 at the time of writing, is separate from any other forms of compensation claims.
How long will the compensation claims process take?
You have three years from the date of death of the deceased to start your claim. The duration of the claims process can vary on a case-by-case basis. Your individual case generally determines it and whether the third party who caused the unlawful death of your loved one, admits to being liable. The majority of cases are likely to be resolved within 18 months, however, more complex cases may take longer.