Losing a loved one due to a fatal accident is a profoundly difficult experience. While no monetary compensation can ever truly make up for such a devastating loss, fatal accident claims can play an important role in helping families cope financially and seek a sense of justice. For those who have lost a loved one, navigating the complex legal systems can be extremely stressful and challenging, particularly if English is not your first language. That is why it’s important to have an expert legal team on your side that speaks your language to help you in getting the justice you deserve for your loved one.
If you’re considering pursuing a claim after the death of a family member, this blog will provide you with essential information about the process, your rights, and what you can expect.
What is a Fatal Accident Claim?
A fatal accident claim is a legal pursuit initiated by the family or dependents of someone who has tragically lost their life due to the negligence or wrongdoing of another party. These claims can arise from various circumstances, such as road traffic accidents, workplace mishaps, medical negligence, and more.
The primary purpose of such claims is to secure financial compensation for dependents and relatives left behind. This compensation can cover various costs and losses, from funeral expenses to the lost earnings the deceased would have provided.
Who Can Make a Fatal Accident Claim?
Generally, the following people may be eligible to make a claim:
- The spouse or civil partner of the deceased
- The parents or guardians (in the case of minors)
- Children or dependents of the deceased
- Cohabiting partners who lived with the deceased for at least two years prior to the accident
- Any other family member who was financially dependent on the deceased
It’s essential to consult with experienced personal injury lawyers like us at Remus Robu Solicitors to ascertain your eligibility and understand the specifics of your case.
What Can You Claim For?
While the specifics can vary based on the circumstances of the accident, some of the common elements you might claim for include:
- Bereavement award: Under the Fatal Accidents Act 1976, families can get a set payment called a “bereavement award” when a loved one dies. The amount is currently £15,120 in England and Wales having recently been raised from £12,980, the first increase in seven years.
- Funeral Expenses: Costs associated with the funeral, burial, or cremation.
- Loss of Services: Compensation for the services the deceased provided, such as childcare, household chores, and more.
- Loss of Income: For the earnings the deceased would have contributed to the family had they lived.
- Dependency Claim: If the deceased was the primary breadwinner, this claim addresses the financial void left behind.
- Pain and Suffering: If the deceased endured pain or suffering between the time of the injury and their passing, compensation may be due.
Time Limitations
Most cases have a time limit (often referred to as the ‘limitation period’) within which a fatal accident claim must be initiated. While this is commonly set at three years from the date of the death, there can be exceptions. It’s crucial to act promptly and consult with a legal professional as soon as you can so that your claim does not go past this limitation period.
Proving Negligence
The success of a fatal accident claim rests on proving that the accident resulted from someone else’s negligence. It’s the claimant’s responsibility to demonstrate this negligence. For instance, if the deceased was involved in a road traffic accident, it must be proven that the other driver was at fault. This can involve gathering evidence, eyewitness accounts, police reports, and expert testimonies.
Pursuing a fatal accident claim is not just a legal journey but an emotional one. While the legal process aims to provide financial relief, it can also stir up strong emotions as you revisit the circumstances of your loved one’s passing and so you want to ensure that the process is made as simple and stress-free as possible.
Seeking Legal Expertise
Given the complexity of these types of claims and the emotional distress that often accompanies them, it’s essential to seek the services of an experienced personal injury lawyer. At Remus Robu we can guide you through the process, help gather essential evidence, and negotiate with insurance companies on your behalf. Our expertise and knowledge of UK law will ensure you receive the compensation you rightfully deserve.
Why Choose Us to Make Your Claim
The aftermath of a fatal accident is a challenging and upsetting time. While no sum of money can ever replace the presence of a loved one, seeking justice and financial relief through a fatal accident claim can offer some solace and stability during an otherwise turbulent period.
Here at Remus Robu, we are a dedicated team of Romanian-speaking lawyers in London. We can help you navigate your claim and the UK legal system with compassion and commitment, keeping you informed every step of the way and ensuring you get the compensation you rightfully deserve.
If you’re a Romanian living in the UK and want to discuss making a fatal injury claim, then we are here to help. Contact our experienced and highly skilled lawyers here or email us at office@remusrobusolicitors.co.uk.