In this guide, we will explain the benefits of using fatal accident solicitors and discuss the potential advantages of entering into a No Win No Fee agreement. As you move through the guide, you will find information relating to the eligibility criteria for claiming after a fatal accident, what time limits apply in these circumstances, and we illustrate compensation brackets taken from a source used by legal professionals.
Losing a loved one in an accident could have various negative impacts on your life. For example, you may be struggling with grief, stress, and financial losses if you relied on the deceased’s income. If a third party is found to be liable for the injuries that resulted in death, you may be eligible to bring forward a claim for the losses you have suffered as a dependent.
We will aim to answer the following questions: “what is a fatal accident claim?” and “can you claim compensation for wrongful death?” To learn more, continue reading this guide.
Alternatively, if you have any questions about using a solicitor for your claim, ask one of our advisors. They are available 24/7 to provide legal advice that is both free and confidential. They can also help you to start the claims process today.
Please:
- Call us on 0800 073 8801
- Contact us through our website
- Use the live chat feature on this page
Select A Section
- What Is A No Win No Fee Fatal Accident Claim?
- What Should You Do When Looking For Fatal Accident Solicitors?
- How Long Could Your Claim Take?
- Do You Need Fatal Accident Solicitors Near You?
- How Much Could Fatal Accident Solicitors Help You Claim?
- We Are Here To Help You
What Is A No Win No Fee Fatal Accident Claim?
If a serious accident occurs at work, in a public place or on the roads, it could result in death. Examples of accidents that could have fatal consequences include:
- Serious slip, trip or fall accidents
- A fall from a height
- A car accident
- Accidents involving heavy and dangerous machinery
Not all accidents resulting in death lead to a compensation claim. To be eligible to claim, you must be a qualifying party, and the death must have been caused by third-party negligence. Therefore, someone must have owed the deceased a duty of care, which they breached, resulting in the injury which lead to the person’s death.
The Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) allows the estate of the deceased to bring forward a claim on the departed’s behalf for the pain and suffering they endured before death. Alongside this, the Fatal Accidents Act 1976 (FAA) creates a way for certain qualifying relatives to receive compensation for the impact the death has had on them. However, any dependant must allow the estate six months to make a claim on their behalf before they pursue their own.
These qualifying relatives can include:
- A current or former spouse or civil partner of the deceased
- A partner who lived with the deceased for 2 years before they passed away.
- Their parent or someone treated as their parent
- A child or another descendant
- Their sister, brother, aunt or uncle.
You may be interested in using a No Win No Fee solicitor to assist you in bringing forward a claim. To learn more about entering into a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement, please continue reading. You can also contact our advisors for more information about fatal accident solicitors.
What Should You Do When Looking For Fatal Accident Solicitors?
Finding the best fatal accident solicitors is more about finding the best fit for you and your case. This can mean reading reviews, asking any family or friends for their opinions, but most of all, calling and speaking to any potential solicitor. That way, you can ask any pressing questions and find out their opinions.
Contact our advisors for free advice about finding a solicitor when claiming fatal accident compensation. Our team are available to speak to you at a time that suits you.
How Long Could Your Claim Take?
During the immediate six months following the death, it is only the estate of the deceased that can bring forward a claim. This claim could cover both the suffering of the deceased and payments for the dependants. However, if no claim is made by the estate during these six months, the dependants can then bring forward a claim for the impact the death has had on their lives.
The limitation period to begin a claim is outlined by the Limitation Act 1980. For a fatal accident claim, this is generally 3 years from the date of death or 3 years from the date of knowledge, for example, the day of a postmortem.
After the claims process has started, the length of time it takes for the claim to come to a close can vary for different reasons. For example, whether or not the claim goes to court.
Contact our advisors to enquire about fatal accident solicitors and the length of time a claim could take.
Do You Need Fatal Accident Solicitors Near You?
The most important factor when choosing a fatal accident solicitor is their ability and how well you both communicate. So choosing a solicitor just because they are close by is not always the right choice. Very often, you will not need to meet with the solicitor as correspondence can be carried out over the phone, email, text or messaging services so that time is not wasted on unnecessary travel.
You may be apprehensive about choosing a solicitor in a location further afield, but what is important to keep in mind is their experience and ability to settle claims successfully.
For more information on getting connected with one of our solicitors, use the details provided to speak to a member of our team today.
How Much Could Fatal Accident Solicitors Help You Claim?
In a successful fatal accident claim, the estate will receive compensation for the deceased’s pain and suffering.
The Judicial College Guidelines (JCG), updated in April 2022, provide compensation brackets for different injuries. We can look at these amounts as a guide. These figures are used by legal professionals to help them value settlement amounts. Below we have created a table using the JCG. The first entry in the guide is not taken from the JCG.
Injury Sustained | Compensation Bracket | Details of the Injury |
---|---|---|
Death with add on claims | Up to £550,000 and over | This award may account for the pain and suffering of the deceased plus the losses impacting dependents, such as loss of income. |
Quadriplegia (a) | £324,600 – £403,990 | The amount awarded will depend upon various factors, such as the person’s life expectancy, the awareness they have of their disability and the degree of any physical pain present. |
Paraplegia (b) | £219,070 – £284,260 | The amount awarded for paraplegia will depend upon different factors, such as the age of the person, their life expectancy and the presence of any pain. |
Very Severe Brain Damage (a) | £282,010 – £403,990 | The person will display little, if any, evidence of meaningful response to their environment. Also, they will need full-time nursing care. |
Severe Psychiatric Injury (a) | £54,830 – £115,730 | The person’s prognosis is very poor. They will have marked problems with multiple factors of their life, such as their ability to cope with work. |
Injuries Resulting in Death – Full Awareness | £12,540 – £23,810 | There was full awareness for a short period and then varying levels of consciousness for between four and five weeks, alongside intrusive treatment. This will be followed by death within a couple of weeks to 3 months. |
Please note that the compensation brackets above are a guide. Due to the individual circumstances of each claim, the amount awarded will differ.
Some potential dependency payments that could be compensated may cover loss of income and loss of services. You could be asked to provide evidence of these losses.
The Statutory Bereavement Award
There is one more payment that could be received, but you must meet the criteria for a qualifying party. The statutory bereavement award is outlined in Section 1A of the FAA. The total is currently set at a fixed figure of £15,120.
To learn more about the statutory bereavement award, please contact a member of our team.
We Are Here To Help You
At Accident Claims UK, our advisors can assess your claim. Upon finding that you could be eligible to make a valid case, they may recommend one of our fatal accident solicitors to place you in contact with.
You could be offered to enter into a Conditional Fee Agreement CFA. This is a type of No Win No Fee agreement that means you generally won’t have to pay any fees for a solicitor’s services in the event your claim is unsuccessful. This also means you generally won’t be asked to make any upfront or ongoing payments for these services.
Alternatively, a successful claim will potentially see a No Win No Fee solicitor take a small percentage, called a ‘success fee’, from the compensation. The law caps this amount. A solicitor will discuss the terms of the agreement with you.
To learn more about using a No Win No Fee solicitor or to ask any questions about fatal accident claims, contact our team today.
You can:
- Call us on 0800 073 8801
- Use the contact us page on our website
- Message us directly through the live chat feature on this page
Related Resources
We’ve included some resources here to help you with your claim:
- You can learn more about safety in the workplace from the Health and Safety Executive website.
- See the THINK! campaign website about road safety.
- Find advice about bereavement from Mind.
Please explore more of the guides on our website for more information:
- Find the answer to ‘what are conditional fee agreements?’
- Learn about compensation for a crush injury.
- Road traffic accident solicitors are discussed in more detail in this guide.
- Find out how to claim compensation for the death of a family member after a fatal accident with our helpful guide.
Thank you for reading our guide to fatal accident solicitors. Our advisors are available 24/7 if you have any queries; simply use our contact details above to get in touch.