Fatal Accident Claims in Brighton
A Fatal Accident is something you can only hope to be a nightmare. Unfortunately, the reality for your family is all the more difficult. Emotional damage, financial strain, and anger at those responsible for the death. We can help alleviate the pressure you feel with our legal experience.
Get compensation for a fatal personal injury in Brighton.
If you want to bring a claim for personal injury compensation, our Brighton team will do their utmost to see your family are supported through every aspect of your new reality. Contact us now on 01273 052 044^ to start your claim and get the justice your loved ones deserve.
Fatal Accident Claims – What Are They?
If someone you love has died due to injuries sustained from an accident – it is considered a Fatal Accident claim if the blame rest with a negligent party. Such a claim can see your family compensated for the loss, and hold those responsible to account, allowing you to seek justice for the deceased.
Are all Accidents in Brighton Claimable when they are Fatal?
Fatal Accident claims in Brighton can be brought for many different situations, including, but not limited to:
Whilst some causes of accident death are more common than others, such as with car accidents, our team will pursue any Fatal Accident claim on your behalf. Even if the causes of the death are unclear, we will work our hardest to establish liability, and see that your family is compensated for your loss.
What is the Process for Making an Accidental Death Claim?
Every Fatal Accident claim, no matter how it occurred, is assessed closely by our senior legal teams. We will work with medical specialists, investigators, and witnesses to paint a picture of the accident in Brighton and who can be blamed for the wrongful death.
Even if you’re 100% sure of the attribution of blame for the wrongful death, the process of making one is not so straightforward. Our personal injury solicitors** for Brighton will help you to navigate towards a successful result for your family.
Can Anyone Claim for a Wrongful Death?
The executors of the deceased’s estate – appointed by their Will – are responsible for filing a Fatal Accident claim, as well as managing their finances and assets. They claim on behalf of the deceased for the following damages:
- Pain and suffering
- Expenses occurred, such as probate (executry in Scotland) and funeral costs
- Damaged property
- Income lost, if the deceased wasn’t killed straight away
Dependants can also claim for losses incurred from the death of their loved one. This can include loss of financial dependency, as well as loss of services, funeral expenses, and a statuary bereavement award. Although who can claim what will depend, those who can claim are limited to the deceased’s immediate family (including stepchildren), spouse or long-term partner, provided they have been together for more than 2 years.
The executors need to claim before the dependants can, and the executors are given 6 months to file a claim before the family of the deceased can in adherence with Probate laws.
The evidence required for Fatal Accidents
The cause of death will be determined by a coroner, as well as the likely time and location. With this information, your appointed panel solicitor will be able to determine fault. Evidence in a Fatal Accident claim might consist of:
- Video, such as CCTV or dash-cams
- Witness testimony
- Records in accident books
- Visits to the location to provide context
If the party deemed responsible for the wrongful death accept liability, a settlement for damages may be reached. But should they deny blame, the claim may have to go to court.
Going to court for a Fatal Accident
Should the negligent party deny blame or disagree on the compensation award, the case may go to court. However, most personal injury claims don’t end up in court, even in the case of a wrongful death.
Will there be a criminal trial or Fatal Accident Inquiry?
You may find that your loved one’s Fatal Accident arises the need for a civil, or criminal trial. Should this happen, we will help you throughout the process – what with different one’s for the type of trial. The important thing to bear in mind is that a conviction does not need to happen for your compensation claim to proceed. The justice a criminal trial could bring to your family is incalculable, but at least you can be supported financially before it gets to that point.
In the event of Fatal Accident Inquiries – or FAIs – these only take place when there are wider ramifications for public safety brought to light by this wrongful death. In this situation, we will be at your side throughout to guide you through the FAI and inform you of what that could do to your claim, if it hasn’t been settled yet.
When does a Fatal Accident claim need to be submitted by?
There is – like most personal injury claims – a time limit of 3 years in which you can file your claim. If after this point you decide to push on without extenuating circumstances, you will be barred from filing your Fatal Accident claim.
Wrongful death claims can take a couple of years to complete, so it is worth acting as soon as possible. If you feel you are ready, contact our Brighton team on 01273 052 044^ now for a no-obligation discussion.
How much compensation can I claim for a Fatal Accident?
Fatal Accident claims vary in compensation and are essentially impossible to estimate without close attention to the individual’s circumstances. The releasing of the award can also be circumstantial, as certain expenses can have funds given earlier. When calculating the compensation, the following factors can be considered to arrive at a figure that reflects the family’s new dynamic.
Fatal Accident Compensation – Financial Dependency
If your loved one was a contributor to the household and had dependants relying on them, you can claim damages to cover this gap. This way, your family can manage – at least financially – without them.
Fatal Accident Compensation – Loss of Services
The deceased would have likely played a large role in the house, and their loss will leave you without certain “services.” These can be in the form of childcare, finance management, DIY and house care, cleaning, shopping – just about any value they brought to the house can be quantified. Especially with childcare, where paying childminders or for nursery will incur significant costs.
Fatal Accident Compensation – General Damages and Financial Expenses
Like most personal injury claims, Fatal Accident claims will account for the pain and suffering experienced by the deceased. In particular, if the deceased did not die immediately, there would have been a number of expenses accrued by the family as they sought to visit and take care of them. These costs can all be reclaimed.
Fatal Accident Compensation – Funeral and Legal Costs
It is only fair that the party responsible for the Fatal Accident pay for the funeral and legal costs. As such, the funeral – except for the wake – will be covered in the compensation award and can be released early to the deceased’s family to alleviate the pressure of their finances. Probate costs – or Executry in Scotland – are often expensive, and are required to wrap up an estate. These costs are also accounted for in the award.
Fatal Accident Compensation – Statuary Bereavement Award
There is a fixed award of £15,120 payable to the partner of the deceased known as the “Statuary Bereavement Award.” This part of the compensation package is earmarked for the suffering the partner experiences because of the loss of a loved one.
Fatal Accident Compensation – Intangible Benefits
Something more unquantifiable to calculate, but by no means not important, is an award for the loss of love itself. Love is a frightfully difficult thing to find and hang onto. As such, the “intangible benefit” that the deceased brought to your family is compensated as well. Although a payment for this will never replace the real thing, it is meant to acknowledge the positivity it brought to your life.
Fatal Accident Compensation – Calculating the Amount
With all of these elements of accounted for, it should make sense that estimating an award online without any knowledge of your family is of no value to you. This is why we offer our claim assessment under no-obligation to you. You can speak to us on 01273 052 044^ and if we feel you have a claim for the wrongful death, we will appoint you a Brighton solicitor from our panel to represent your family.
They will also help you receive another benefit, justice. Knowing that those responsible have been penalised should bring some comfort to you, as well as help prevent these kinds of Fatal Accidents occurring again.
Get started with your Fatal Accident claim now
When dealing with something as tragic as losing a loved one to a Fatal Accident, it’s important that you have an empathetic legal team by your side. By contacting us, you’ll be speaking to personal injury experts, who will explain in plain English your case and what no win, no fee* compensation you could be due. Call us on our Brighton line – 01273 052 044^ – to get started.