After a fatal accident compensation can be claimed on behalf of the deceased’s estate. Where a person has prepared a will, those named as executors are appointed to be responsible for the management of the estate. If a will wasn’t prepared, then a family member can apply for grant to become an administrator of the estate. Where bringing a claim on behalf of the estate and where required Brethertons will be able to assist with obtaining a grant of probate should you wish.
In the UK, you’ll have three years to make a fatal injury claim. The time limit usually starts from the date of the injury or accident.
We understand that fatal accidents have not only an emotional impact but also a financial impact on the people left behind. At Brethertons we will do all that we can to get answers to questions you may have about your loved one’s death. Although no solicitor could guarantee it will be offered, we work to obtain an apology as well as compensation.
A claim for compensation for the death of a loved one usually contains several elements which reflect not only the suffering of the person who has died, but the impact their loss has had on their family.
Elements that can be claimed are, sums in respect of:
- the pain, suffering and loss of amenity of the deceased before their death
- the loss of love and affection of a family member particularly a partner
- bereavement damages prescribed by statute.
- the loss of financial dependency
- funeral expenses and any other related losses
The claim for compensation for the injuries suffered by the deceased person before they died is known as a claim for general damages. The appropriate amount of general damages is assessed on the length and severity of the pain, suffering, and for the things they were unable to do as a result of what caused their death.
Furthermore, the law prescribes the amount of compensation payable where a claim is brought by an estate for the loss of love and affection and bereavement damages. Some family members can recover a fixed amount statutory ‘bereavement award’. This can be recovered where it was your spouse or civil partner who has died, or if it was your child and they were under 18 at the time. For deaths occurring after 1st May 2020 this amount is set at £15,120.
Family members can bring a claim for their own losses arising out of the death of their loved one. There is a right to seek compensation where they were financially dependent on the deceased. This is not only for the financial loss through earnings or pensions, but also for things such as childcare, help around the home, and other things where a person may now need to pay for additional support. This compensation is to help provide financial security in an already difficult time.
In order to get the right sum of compensation, it is important that you have a solicitor with experience and expertise in these claims and who is therefore able to assess the dependency appropriately. Dependency has many unusual aspects, not just the obvious financial loss, and it is important to obtain all of the evidence that will be necessary to support the claim.
Unlike many law firms, we specialise in claims in claims of utmost severity. We have a network of trusted experts who work with us.
Our experienced team help people all over the country to obtain compensation after the most devastating life changing and sometimes fatal injuries and, regardless of how those injuries or deaths have been caused. We will travel to see you at home, wherever you may be. We have designed our services so that we handle a relatively small number of cases at any one time. We are able to really get to know our clients to understand their individual needs. As we work closely as a team, every member of the team is aware of what is happening on cases we are working, which means that you can always be sure that you will be speaking to someone with whom you are familiar and who has a good understanding of what is happening in your case.
We can also assist with getting you specialist advice on other issues which may arise in the period after an injury, such as advice about benefits and financial planning. We can also assist with providing details of counselling service available to you through Brethertons.
We are signatories to the Association of Personal Injuries/Forum of Insurance Lawyers Guide To The Conduct Of Claims Involving Serious Injuries – a code of good practice that allows claims like these to be conducted smoothly and efficiently with the injured person’s needs prioritised by both sides representatives at all points.
We will always explore working on a ‘no win no fee’ basis, so that there is no financial risk to you in the event the claim is unsuccessful.
