The impact of losing a loved one due to a fatal accident is extremely traumatic. Coping with grief, frustration as to why the accident happened, and the stress of dealing with the financial implications this may have on you and your family, can be overwhelming.

Our serious injury solicitors are experienced and successful in pursuing fatal accident claims for people who have lost family members due to the negligent actions of others.

If you have lost a loved one due to a fatal accident you could be eligible to make a claim. True Solicitors can assist if a family member has passed away due to:

• A road traffic accident.
• An accident at work.
• Clinical negligence.

Fatal accident claims can be brought on behalf of the deceased by their:

• Spouse.
• Civil partner.
• Partner (who they had cohabited with for at least 2 years at the time of the accident).
• Children or stepchildren.
• Parent or guardian.
• Siblings.

You are typically required to start a fatal injury claim within three years of the incident taking place.

When calculating a fatal accident compensation settlement your solicitor will take into consideration the below factors:

Bereavement damages

Bereavement damages is the term given to the payment, fixed by law, for the grief and trauma suffered when a loved one dies due to the negligent actions of someone else.

This is usually restricted to the husband, wife or civil partner of the deceased. Other circumstances in which it may be possible to claim include:

• Unmarried, cohabiting couples who have been in a relationship for more than two years may be able to claim under the Human Rights Act.
• If the person who dies was under the age of 18 and are unmarried, a parent may be able to claim.

The statutory Bereavement Award was increased to £15,120 in May 2020 (up from £12,980). The increased amount is only applicable to the families who have lost a loved one on or after 1st May 2020. Those making a claim for a loved one who died prior to this date will receive the old amount of £12,980.

If your fatal accident claim is successful, the statutory Bereavement Award is paid by the defendant or their insurance company.

Pain and suffering

The pain and suffering experienced by the deceased before they passed away, is considered by the courts when quantifying the claim.

However, as most deaths caused by clinical negligence involve a short illness or sudden death, the amount of compensation for pain and suffering is limited.

Funeral expenses

Funerals can cost thousands of pounds. If the deceased did not have insurance in place to pay for this, this is a huge expenditure for the family left behind. It is therefore possible to factor in compensation for funeral costs as part of the claim.

Loss of earnings

The current and anticipated loss of earnings from the deceased will be considered when calculating your fatal accident claim. If the deceased was the main breadwinner in the household and there are a number of dependents that relied on their salary, the consequences can be severe. As well as this, if you have had to give up work to look after dependents following the death of a spouse, your loss of income will also be considered.

Loss of benefits

Loss of benefits such as pension contributions may also be taken into account when calculating the value of the fatal injury claim.

Childcare costs

If the loss of a loved one has meant that you now have to pay for additional childcare, this could also be factored into the final compensation amount.

Counselling services

After the death of a loved one, especially in instances when the death was sudden, counselling can be extremely beneficial to family members to help them come to terms with the death and to get back to their normal way of life. Private counselling can however be expensive, and NHS waiting lists are often long. Your claim can cover these costs to help you get your life back on track.