Fatal accident claims
Fatal accident claims are often complex and can cause emotional suffering and financial hardship.
In fatal accidents a fixed sum for bereavement is paid by way of compensation.
Dependants of the deceased are entitled to claim and this can include husbands, wives and children. To fall within the category of being a dependants you must be a:
- Husband or wife, or former husband or wife of the deceased
- Civil partner or former civil partner of the deceased
- Person who was living with the deceased as husband or wife for at least two years prior to the death
- Parent or other dependant of the deceased
- Person who was treated by the deceased as his or her parent
- Child or other dependant of the deceased
- Person, who in the case of a marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage
- Person who is a brother, sister, uncle, aunt niece, nephew or cousin of the deceased.
If the claim is on behalf of both parents of a child, the amount is divided equally between them.
The parents of a child over 18, children of a deceased parent, parents of a stillborn infant and other relatives are not entitled to recover damages for bereavement no matter how closely associated with the deceased.
However, a person who was financially dependent upon (or dependant upon the services of) the deceased may be entitled to recover damages for the loss of that dependency. A wider category of persons than the class of relatives who are entitled to claim for bereavement damages are entitled to recover damages for their loss of dependency, including the costs they have incurred of any funeral expenses. In all cases it is necessary to prove that there was a reasonable expectation of financial benefit from the deceased.
If you think that you may have a valid claim, please telephone one of our personal injury specialist lawyers free on 01843 220288 or fill in the short form on the right hand side of this page and we will contact you. There is no obligation and no charge to talk to us.