FATAL ACCIDENT CLAIMS

Losing a loved one because of an accident caused by another person or organisation can have devastating emotional and financial consequences. A fatal accident may arise from a road traffic accident, workplace accident, medical negligence, public liability incident, or another situation where someone else may have been legally responsible. At MYM Solicitors, we understand that fatal accident claims can be particularly sensitive and complex. We can provide clear legal guidance, investigate the circumstances surrounding the death, and help eligible family members understand their options.

How MYM Solicitors Will Help

Our team can provide legal assistance throughout your fatal accident claim, including:

  • Assessing the circumstances surrounding the death

  • Advising on whether a claim may be possible

  • Identifying the parties who may be legally responsible

  • Establishing who may be entitled to bring or benefit from a claim

  • Gathering relevant accident reports and documentation

  • Reviewing witness evidence, photographs, and other available evidence

  • Obtaining relevant medical or expert evidence where appropriate

  • Considering the deceased person’s employment and financial circumstances

  • Assessing financial dependency and other losses

  • Considering funeral expenses where legally recoverable

  • Advising on bereavement claims where applicable

  • Considering claims involving the deceased person’s estate

  • Dealing with insurers and other parties on behalf of eligible claimants

  • Advising on settlement negotiations

  • Assisting where responsibility for the death is disputed

  • Considering the needs and circumstances of dependants

  • Advising on applicable limitation periods

  • Keeping you informed throughout the progress of the claim

  • Taking appropriate steps where court proceedings may be required

Every fatal accident claim is different. The circumstances of the death, the relationship between the deceased and the claimant, financial dependency, available evidence, and the applicable legal framework can all affect the claim.

Frequently Asked Questions

A fatal accident claim is a legal claim that may arise when a person’s death was caused by the wrongful act, neglect, or default of another person or organisation. Eligible dependants may be able to seek compensation for losses resulting from the death.

Depending on the circumstances, claims may be brought by the deceased person’s personal representative for the benefit of eligible dependants, or by eligible dependants in certain circumstances. The people who can benefit from a claim are defined by law.

Fatal accident claims can arise from road traffic accidents, workplace accidents, medical negligence, public liability incidents, and other circumstances where another party may have been legally responsible for the death.

A spouse or civil partner may be entitled to benefit from a claim depending on the circumstances. The precise nature of the claim and losses that may be recovered will depend on the applicable law and individual circumstances.

Certain children and other qualifying dependants may be entitled to benefit from a fatal accident claim. The nature of dependency and the individual’s relationship with the deceased will need to be considered.

A dependency claim can seek compensation for financial or other forms of dependency arising from the death. This can include the loss of financial support or certain services that the deceased provided.

Depending on the circumstances, eligible dependants may be able to claim for financial losses resulting from the loss of the deceased person’s income or financial support.

Funeral expenses may be recoverable in appropriate circumstances. The availability and extent of any claim will depend on the applicable legal provisions and evidence of the expenses.

Certain eligible people may be able to claim bereavement damages where the legal requirements are met. The availability of such a claim depends on the circumstances and the applicable legislation.

In appropriate circumstances, a separate claim may be brought on behalf of the deceased person’s estate for certain losses or causes of action that survive the death. The nature of the claim will depend on the circumstances.

Evidence may include accident reports, medical records, post-mortem information where relevant, witness statements, employment records, financial documents, photographs, and correspondence with insurers or other parties.

If responsibility for the death is disputed, the evidence surrounding the accident or incident will need to be carefully investigated. This may involve witness evidence, expert reports, accident records, and other relevant documentation.

A claim may still be possible in some circumstances where the deceased contributed to the accident. However, any finding of contributory negligence may affect the amount of compensation recoverable.

For claims under the Fatal Accidents Act 1976, the general limitation period is three years from the date of death or, in certain circumstances, the later date of knowledge of the person for whose benefit the claim is brought. Exceptions can apply, so legal advice should be obtained promptly.

It may be possible in certain circumstances, but limitation rules are important and can be complex. The date of death, date of knowledge, and circumstances of the claimant may all be relevant.

Potentially. If a healthcare provider’s negligence caused or contributed to a person’s death, eligible family members or dependants may have potential claims. These cases can require detailed medical and expert evidence.

Potentially. If a workplace accident caused or contributed to the death, eligible dependants may be able to pursue a claim where another party was legally responsible.

Potentially. Where another road user or responsible party caused or contributed to a fatal accident, eligible dependants may have a claim depending on the circumstances and available evidence.

The timeframe varies depending on the circumstances of the death, the number of potential claimants, the evidence required, financial dependency issues, and whether liability or the value of the claim is disputed.

MYM Solicitors can assess your circumstances, investigate the cause of the death, identify potential claims, gather relevant evidence, assess dependency and other losses, deal with insurers and other parties, negotiate where appropriate, and assist with court proceedings if required.

Speak to MYM Solicitors

Losing someone because of an accident caused by another party can have a profound impact on a family. If you believe you or other eligible family members may have a claim, obtaining legal advice can help you understand your options.

Contact MYM Solicitors today to discuss your circumstances and find out how we may be able to assist with your fatal accident claim.

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