Fatal Accident Compensation Claims in Leicester
If a Fatal Accident has killed a close family member of yours, you need a legal team who will give you the friendly support required. As well as bringing those responsible to justice with the full force of the law.
Get compensation for a fatal personal injury in Leicester.
Our personal injury experts of Leicester will tirelessly pursue damages for your family to make life without them that much more bearable. Contact us on 0116 214 5630^ to get a free claim assessment and hear about our no win, no fee* compensation offer. Call today.
What Makes a Fatal Accident Claim?
When someone dies because of negligence from a company or another person in Leicester it is possible to bring a claim for Fatal Accident compensation.
Are all Accidents in Leicester Claimable when they are Fatal?
Our team see an unfortunately large commonality with Fatal Accident claims, particularly those from car accidents. However, not all causes of wrongful death are from accidents. Some leading causes of death in Leicester are:
We make sure to establish liability for the accident so that the negligent party is held responsible for the accident, allowing your family to be compensated fully. Even when the cause of the death is unclear, we will work to make sure you see justice for the loss you have experienced.
What is the process to claim for a Fatal Accident?
When making a Fatal Accident claim, you’ll need the help of our expert personal injury team to navigate this involved process. We’ll guide you on the important who, when, and what questions whilst keeping the jargon light.
Who can Bring a Claim for a Fatal Accidental?
Claims for Fatal Accidents tend to be brought by the executors of the deceased’s estate – when there is a Will – and their dependants. As executors are responsible for dealing with the property, assets, and money of the person who has died, they also need to pursue any legal matters on their behalf. When it comes to damages for the wrongful death, they can claim – on behalf of the deceased – for:
- Pain and suffering the deceased likely experienced
- Expenses occurred, such as funeral and Probate (or Executry in Scotland) costs
- Damaged property
- Income lost, if the deceased didn’t die right away
Other individuals are also able to claim for loss of financial dependency or loss of services as a consequence of the Fatal Accident:
- Current or former spouse/civil partner
- Current cohabitating partner of at least 2 years
- A parent of the deceased
- A child – or stepchild – of the deceased
- Other nuclear family members, such as siblings
Claims should be filled by all those involved at the same time. If, however, the executors do not pursue a claim for Fatal Accident compensation, the deceased’s relatives/dependants can claim separately after 6 months.
Evidence requirements for Fatal Accident claims
After the coroner’s investigation into the cause and time of death, your appointed panel solicitor will be able to give context to the evidence. Such evidence could be photos and videos, such as that captured by CCTV, witness statements, and records in accident books.
With these combined, the solicitor will be able to determine who is at fault for the Fatal Accident, and how much the compensation ought to be awarded. When the negligent party accepts blame, a settlement may be reached, although if they do not, it may go to litigation.
Do I need to go to court for a Fatal Accident claim?
Should the negligent party deny blame or disagree on the compensation award, the case may go to court. However, most personal injury claims don’t end up in court, even in the case of a wrongful death.
Do I need to worry about criminal trials and Fatal Accident Inquiries?
Criminal trials for Fatal Accidents in Leicester can often take a long time, not just because of the way in which the UK courts operate. The good news is that you do not need to wait for a criminal trial to be closed or a conviction to be made before claiming. Much like Criminal Injury Claims, the compensation isn’t dependent on the verdict – guilty or not. The trail maybe a criminal or civil case, which in themselves have different processes because of different laws, but we’ll make sure you’re fully informed of your circumstances.
In the event of a Fatal Accident Inquiry – or FAI – this wrongful death would have been so severe that it has knock-on effects for health and safety across the country. National bodies, like HSE, are designed to enforce regulations to prevent accidents, with many of these coming about from serious injuries and deaths that lead to FAIs. If your case necessitates a FAI, your appointed panel solicitor for Leicester will guide you on all aspects of making this claim, and how it may affect your Fatal Accident claim.
What are the time limits for making Fatal Accident claims?
There is – like most personal injury claims – a time limit of 3 years in which you can file your claim. If after this point you decide to push on without extenuating circumstances, you will be barred from filing your Fatal Accident claim.
Wrongful death claims can take a couple of years to complete, so it is worth acting as soon as possible. If you feel you are ready, contact our Leicester team on 0116 214 5630^ now for a no-obligation discussion.
How much is a Fatal Accident claim worth?
Claims for Fatal Accidents will vary in value. This is due to how the deceased leaves their family behind, particularly when it comes to dependants. To make this easier for families who are waiting for their claim to settle, certain elements of the compensation package can be released earlier, such as funeral expenses. There are multiple factors taken into account when calculating the compensation award, such as:
For dealing with the absence of salary earner in the family, you can claim for “financial dependency”. This is when members of the family were reliant on the deceased for income, which will no longer be possible due to the Fatal Accident. This part of the award can be claimed by the deceased’s partner, as well as their children.
There is a compensation element for the “general damages.” These are for pain and suffering experienced by the deceased, much like you would find in a regular personal injury claim. With Fatal Accidents, this can also include the time between the initial accident, and their passing. Likewise, if there was a time in which you accrued expenses from travel to the hospital or providing care for them, you can claim this also.
Like with the financial dependency aspect, there is also something referred to as “loss of services” this is the impact that the deceased had on daily life. This can take the form of helping to raise children, managing family finances, doing DIY, shopping for the family and anything else they did to bring value to the household. When these have gone with the loss, it can make daily life that much harder, and more costly.
You shouldn’t – and won’t – be expected to pay for the funeral (except for the wake) after a Fatal Accident. This also goes for Probate – or Executry in Scotland – where the legal costs will be covered by the negligent party.
A “Statuary Bereavement Award” is also calculated into the total compensation award. This fixed amount of £15,120 is payable to the partner of the deceased and is considered financial restitution for the partner’s suffering.
There is also the unquantifiable cost of the loss of love itself. Finding and maintaining love has never been considered easy, so it only makes sense that you are compensated in some way for this “intangible benefit” the decease brought to your life. Whilst nothing, not especially money, will replace that, it is at least acknowledged in your compensation award.
These elements combined make the sum total of the compensation package for the Fatal Accident. It is by no means easy to just calculate online. Therefore, we offer our claim assessments under no-obligation, so that we can guide you without you worrying about the costs of pursuing justice. Justice that your panel appointed Leicester solicitor will help secure for you. Call 0116 214 5630^ to get started.
Get started with your Fatal Accident claim now
When dealing with something as tragic as losing a loved one to a Fatal Accident, it’s important that you have an empathetic legal team by your side. By contacting us, you’ll be speaking to personal injury experts, who will explain in plain English your case and what compensation you could be due. Call us on our Leicester line – 0116 214 5630^ – to get started.