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Fatal accidents

Russell Jones & Walker Solicitors have over 80 years experience of handling fatal accident compensation claims.

Our lawyers have acted for people who have lost loved ones in workplace or occupational accidents, in fatal car crashes or other accidents on the road, or in fatal accidents on holiday. In addition to individual cases, solicitors at Russell Jones and Walker have acted for clients in every major disaster of recent times from Kings Cross(1987) to the World Trade Centre (2001).

Our experience with fatal injuries and with our Trade Union and other institutional clients has enabled our lawyers to build up a bank of resources and knowledge that we use to assist our clients in their claims for compensation following an accidental death.

We appreciate the trauma of suddenly losing a loved one. We understand that there are many pressing matters such as finances and childcare that may need to be urgently considered. We understand that claiming compensation is just one of the many matters which the bereaved have to deal with.

If you have lost a loved one in an accident and need legal advice please call 0870 143 0970 or email: enquiries@rjw.co.uk

The law concerning fatal accidents

The law says that any “dependant” can bring a claim for losses or compensation caused because of a fatal accident.

A dependant can be:

  • A husband or wife, or ex husband or wife of the deceased
  • A person who was living with the deceased as if they were husband or wife for at least two years prior to the death
  • A child of the deceased
  • A parent of the deceased
  • A civil partner or former civil partner of the deceased
  • A person who is a brother, sister, uncle, aunt, niece, nephew or cousin of the deceased

Am I eligible to claim compensation for a fatal accident?

In order to claim compensation the dependent needs to show that they were either dependent upon the person who died in the past or they expected to be in the future.

Dependency

There can be two types of dependency; financial and services.

Financial: The dependent relied upon the income of the deceased and /or,

Services: The deceased undertook childcare, did the housework, DIY or assisted the dependant in some other way.

Statutory bereavement award

This is an award paid to you if the deceased was

  • your husband or wife, or
  • your child who was under 18 at the date of death

This award is a fixed sum of £10,000. Please note that this is paid in addition to any dependency claim that you may have. 

Who brings the claim for compensation after someone has died?

If the deceased made a Will then the executor of the estate is responsible for pursuing the compensation claim on behalf of the dependants.

If there is no Will then a Grant of Probate needs to be issued to one of the eligible dependants.

Russell Jones and Walker Solicitors has it’s own in-house probate department who will be able to assist in obtaining the grant of probate. We are happy to handle all of the paperwork involved.

The cost of obtaining probate and dealing with the deceased’s finances are recoverable from the defendant in the event of a successful claim, so there is no extra cost to you.

We will advise you as to who should take out probate and deal sensitively with any family issues that arise.

What can I claim compensation for following an accidental death?

Each case is different but a claim for the loss of a main earner for a family would include claims for:

  • the pain and suffering of the deceased
  • loss of income to the family dependants
  • funeral expenses
  • compensation to pay for the services that the deceased performed such as childcare, DIY, housework etc.
  • probate costs

Funding for accidental death claims

The same funding options are available for claims when someone has died as for personal injury claims.

Nervous shock claims

Recent developments in the law have enabled family members to bring a claim for their own anguish. In order to bring a claim the family member will have to show that:

  • they witnessed the incident which led to the death
  • or came across the immediate aftermath of the accident
  • which led to a psychiatric illness

We can sensitively take instructions and advise you in relation to this type of claim.

Links

Cruse -  http://www.crusebereavementcare.org.uk/

Cruse Bereavement Care exists to promote the well-being of bereaved people and to enable anyone effected by death to understand their grief and cope with their loss. The organisation provides counselling and support. It offers information, advice, education and training services

Stillbirth and Neonatal Death Society (SANDS) - http://www.uk-sands.org/

Sands is working to support bereaved parents and families, and to press for improvements in care during pregnancy and when a baby has died.

Child Bereavement Trust - http://www.childbereavement.org.uk/

The Child Bereavement Trust is a national UK charity, founded in 1994.By listening to bereaved children and parents, The Child Bereavement Trust leads the way in improving the care offered by professionals to grieving families in the immediate crisis and in the many months following the death of someone important in their lives.

Compassionate Friends - http://www.tcf.org.uk/

The Compassionate Friends (TCF) is an organisation of bereaved parents and their families offering understanding, support and encouragement to others after the death of a child or children. We also offer support, advice and information to other relatives, friends and professionals who are helping the family.

Centre for Corporate Accountability - http://www.corporateaccountability.org/

The Centre for Corporate Accountability is a charity concerned with the promotion of worker and public safety. Its focus is on the role of state bodies in enforcing health and safety law, investigating work-related deaths and injuries, and subjecting them to proper and appropriate prosecution scrutiny.

Brake - http://www.brake.org.uk/

Brake is a national road safety charity with two aims:

  • To prevent death and injury on the roads through education of all road users and campaigning for Government improvements to road safety.
  • To care for people who are bereaved or affected by serious injury in a road crash through support services, including a helpline and literature distributed through police officers.