Fatal Accident Claims in Manchester
If your family has suffered the tragedy of an accidental death, those dealing with the fallout must adapt to a new way of living. Such a change can take a massive toll on your mental health, finances, and day-to-day life. And that’s to say nothing of the negligent party responsible for the Fatal Accident.
Claim compensation for the accidental death of a loved one in Manchester.
If you wish to bring a claim against those to blame for your loved one’s death, contact us now on 01615 168 871^ to get started. Our personal injury experts for Manchester will provide you with a free case assessment, so that you know what damages you could expect to receive and how long the process will take. Will also get your compensation on a no win, no fee* basis, so that you have one less thing to struggle with. Call us on 01615 168 871^ today.
What are Fatal Accident Claims?
If someone you love has died due to injuries sustained from an accident – it is considered a Fatal Accident claim if the blame rest with a negligent party. Such a claim can see your family compensated for the loss, and hold those responsible to account, allowing you to seek justice for the deceased.
Which types of Fatal Accidents can be claimed for in Manchester?
Whilst no two cases of Fatal Accidents or wrongful deaths are the same, there are some unfortunately common types we deal with in Manchester.
- Workplace Accidents
- Road Traffic Accidents
- Medical Negligence
- Industrial Lung Diseases
- Accidents in Public Places
We make sure, however the death happened, to pursue any case to the fullest extent possible, even if the circumstances of the accident are unclear. Our main goal is to support your family though this trying time and see that you are provided the financial damages needed to maintain your family.
What is Involved in Making a Fatal Accident Claim in Manchester?
If you need to make a claim for a Fatal Accident in Manchester, the process makes this tricky, which is why we offer our help under no-obligation. We guide you on how to source evidence, who in the family can claim and when, and dealing with the courts, if it comes to that.
Can Anyone Claim for a Wrongful Death?
Fatal Accident claims need to be brought by the executors named in the deceased’s will (if there was one) as they have a legal obligation to manage the estate of the deceased. Dependants of the deceased are also entitled to claim. However, they are only able to do so 6 months after the date of death if the executors decide not to pursue a claim. All parties wishing to claim should do so at the same time.
When claiming on behalf of the deceased lost in the Fatal Accident, executors can seek compensation for: pain and suffering, funeral costs, probate (executry in Scotland) costs, property damage, and loss of income – if they weren’t immediately killed in the accident in Manchester.
Dependants of the deceased can claim for loss of financial dependency when losing a family breadwinner. They can also claim for loss of services – including childcare – as well as a statuary bereavement award. Dependants are anyone in the deceased’s immediate family, as well as stepchildren. Spouses and long-term partner – if they were living together for more than 2 years.
Evidence in Fatal Accident claims
The cause of death will be determined by a coroner, as well as the likely time and location. With this information, your appointed panel solicitor will be able to determine fault. Evidence in a Fatal Accident claim might consist of:
- Video, such as CCTV or dash-cams
- Witness testimony
- Records in accident books
- Visits to the location to provide context
If the party deemed responsible for the wrongful death accept liability, a settlement for damages may be reached. But should they deny blame, the claim may have to go to court.
Do you have to go to court for Fatal Accidents?
There’s a slim chance that your Fatal Accident claim will end up in court, although not impossible. Should the negligent party deny blame or disputes the desired compensation, litigation may help to settle the disagreement, so a suitable award can be given.
Will there be a criminal trial or Fatal Accident Inquiry?
A trial of any kind, be it a civil or criminal case, can be a stressful and complicated affair. If your Fatal Accident claim comes to a court situation, our panel solicitors for Manchester will be able to guide through the process. The good news is that a criminal conviction does not need to happen in order to pursue compensation for your family. This is similar to how Criminal Injury Claims are processed.
In the unlikely event that your case goes to a Fatal Accident Inquiry (FAI), then the ramifications for your Fatal Accident claim would be large and could affect the wider laws of the country. Should and FAI be necessary for your case, your panel personal injury solicitor will be there to support you.
When does a Fatal Accident claim need to be submitted by?
Unless you have extenuating reasons for the delay in making your claim, you have 3 years to file for Fatal Accident compensation. After this point, the claim will be barred.
These types of claims are complicated and time-consuming, they can take years to settle. So, if you have a wrongful death claim you wish to make, call our Manchester personal injury team on 01615 168 871^ today.
How much compensation can I claim for a Fatal Accident?
The compensation awards for Fatal Accidents vary significantly from person to person. This is because of the individual’s personal circumstances, the costs incurred by their passing, and the financial gap they leave behind. Some of these awards can be claimed early, to take off the pressure of paying for things like funerals. The following is an outline of the types of damages you can claim for:
Statuary Bereavement Award
Starting with the fixed compensation, the Statuary Bereavement Award is a lump sum designed to compensate the suffering of a lost loved one. This can be claimed by the spouse, civil partner, or cohabitation partner of the deceased. It can also be claimed by the parents of the deceased, if the child was younger than 18.
This Fatal Accident award is fixed to £15,120. That might seem like a low number for the cost of life, when other personal injuries, such as head injuries, can accumulate hundreds of thousands in compensation. However, like most accident claims, the compensation award is designed to fill the void left by the injury. In the case of wrongful death claims, the loss of earnings forms a larger part of the overall compensation package than this award.
Financial Dependency and Loss of Services
Financial dependency on the deceased is usually what amounts to the majority of compensation. Think how difficult it is to raise a family alone, and the lack of access that could bring to a child’s life. The loss of family earnings could be from salary, a pension entitlement or even business income. This part of the award can be claimed by anyone in the family financially dependent, such as those mentioned above, as well as children.
In a harder to quantify award for Fatal Accidents, Loss of Services looks to provide damages where the deceased fulfilled a role that the family are now without. This could include childcare, where the surviving spouse would likely need to pay for instead of fill that role themselves. It can even include roles such as DIY, managing finances, shopping, animal care, and gardening. This part of the compensation package will look to determine what quality of life is missing and affix a value to it.
Funeral Expenses and Probate Costs
It’s no secret that dying is expensive. But when the deceased is lost to another party’s negligent actions, it isn’t fair that the family should suffer such an expense, along with the emotional cost of grief. The compensation award will cover the funeral, and associated costs – but not the wake/memorial held in Manchester.
Probate in England and Wales, or Executry in Scotland, can be an expensive part of the process of dealing with your loved one’s estate, depending on your choice of solicitor, and particularly if they had a complicated estate to manage. Your compensation award can cover the costs of this legal process, which again, wouldn’t be needed without the Fatal Accident.
General Damages and Financial Expenses
Like most personal injury claims, there is an element in the compensation packet that covers the pain and suffering experienced by the deceased, as well as loss of amenity, if they did not die immediately.
In this event, financial expenses may also be claimed. This could be for travel to the hospital, the lack of earnings during the deceased time spent in hospital before death, or any other expenses accrued.
Care and support for the deceased
If, like the above, there was a period of time that you had to provide care for the deceased after their Fatal Accident or wrongful death, then you can claim for Gratuitous Care and Support.
Loss of intangible benefits
Perhaps the hardest of awards to quantity, but by no means the least important, is the loss of companionship as a result of the Fatal Accident. Love is by no means an easy thing to find and is certainly not replaceable. It’s for this reason, that more intangible benefits can be awarded for the absence the loss of a loved one leaves in your heart, rather than just your wallet.
Estimate for Fatal Accident Compensation
As a whole, the entire package of compensation for Fatal Accidents is particularly difficult to assess. This is why we make no attempt to guestimate a generalised figure for all people. We instead provide a no-obligation claim assessment for cases in Manchester to determine how much compensation you are due depending on your unique circumstances. Call us on 01615 168 871^ to speak to a friendly expert.
It’s more than the money
Beyond the obvious benefit a compensation award brings to your family, the justice a penalty or criminal conviction can bring matter significantly to easing the grief. It is our aim to use our Manchester panel solicitor’s talents to see negligent parties brought to justice for your suffering. If they are suitable reprimanded, it may help to save the lives of others.
Claim for a Fatal Accident with our team today
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 Manchester line – 01615 168 871^ – to get started.