If you have lost a loved one to a fatal accident, then you may want to look for answers and gain access to compensation for your loss. Fatal accident claims are often a little bit different from other types of accident claims, because the person who suffered the incident is no longer here to explain exactly what occurred. If you want the best chance that your claim will be successful, then you should make sure that you speak to a specialist who has experience of dealing with fatal accident claims in a professional and sensitive manner.
The Fatal Accidents Act
The 1976 Fatal Accidents Act gives dependants of the deceased the chance to claim compensation. This claim can help to give dependants more financial stability following their loss, as well as helping to encourage deeper investigation into the causes of the accident. For families who have lost the main income provider, this compensation can help to steer them through a difficult financial patch, and allow them to continue having the same opportunities that they had before the incident. To pursue fatal accident claims, it must be possible to prove that the accident was a result of the negligence of another person, people or organisation.
What Types Of Fatal Accidents Are Covered?
Fatal accident claims can be made for a wide range of different types of accidents, from workplace related accidents, through to road accidents, to cases of medical negligence. Your claim does not need to be about earning financial compensation for your loss, as you may be more interested in seeking the truth about why the accident happened. Your case could help to change policy in the future so hopefully no one else will have to experience the same loss.
How Much Compensation Will Be Awarded?
The amount of compensation that will be awarded can vary substantially, depending on the circumstances surrounding the fatal accident, and the circumstances of those who are making the claim. The amount can also depend upon the claimant’s relationship to the deceased. In most circumstances, cohabitees who have lived together for 2 years prior to the date of death will be treated in the same way that married partners or those in a civil partnership would be treated in the eyes of the law.
Children who lose a grandparent can also benefit if the grandparent was the main carer. When you talk to a fatal accidents solicitor or lawyer, they will be able to give you more information about the potential value of the claim that you are making.
How Can Negligence Be Proven?
Once you have shared your situation with a fatal accident claims solicitor or similar, they will consider what can be proven and what cannot be proven. They will begin to gather evidence relating to the accident, including company records, information from any witnesses who may have been present, and any recording of the incident, such as those which may be available from road traffic cameras or even dashboard cameras. The types of evidence that will be needed can very much depend on what type of fatal accident it was.
Will The Case Go To Court?
Whether or not the case goes to court can depend very much on the motives of the claimants. In most circumstances, your solicitor or lawyer will contact the defendant and let them know that a claim is being made against them, and let them know the value of that claim.
Some defendants will immediately choose to settle and they will offer the amount of compensation that is being requested. For those claimants who are seeking financial security after a fatal accident, this may be enough, and they may not want to pursue the case further. In other circumstances, the defendant may not agree to the value of the claim, and may seek to offer a lower value, or they may refuse any responsibility at all. The claimant may choose to settle for the lower value, they may ask their solicitor to negotiate with the defendant on their behalf, or they may seek to pursue the claim in court. If the claimant’s main motive is to seek the truth about the accident, they may be more inclined to pursue the case in court.