Fatal Accident Claims in Southampton
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.
Get compensation for a fatal personal injury in Southampton.
If you wish to bring a claim against those to blame for your loved one’s death, contact us now on 02382 553 315^ to get started. Our personal injury experts for Southampton 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 02382 553 315^ today.
Fatal Accident Claims – What Are They?
When an accident in Southampton results in a person’s death, and it was caused by another’s negligence – be it a person or organisation – a Fatal Accident claim can be brought by the deceased’s loved ones. This allows justice to be sought on behalf of the deceased, as well as financial restitution to be awarded to help the burden on the family. Whilst it will never replace the loss, knowing that those responsible have been held to account will help prevent others from enduring Fatal Accidents in the future.
Which types of Fatal Accidents can be claimed for in Southampton?
Fatal Accident claims in Southampton can be brought for many different situations, including, but not limited to:
- Medical Negligence
- Accidents at Work
- Road Traffic Accidents
- Industrial Disease
- Public Place Accidents
Whilst some causes of accident death are more common than others, such as with car accidents, our team will pursue any Fatal Accident claim on your behalf. Even if the causes of the death are unclear, we will work our hardest to establish liability, and see that your family is compensated for your loss.
How do I make a claim for a Fatal Accident?
Whilst no Fatal Accident claim is the same, there are several parts to the process that makes pursuing a claim difficult. Our Southampton team of personal injury experts will help you through this legal jungle to get you a successful compensation result.
Can Anyone Claim for a Wrongful Death?
The executors of the deceased’s estate – as appointed in their Will – are entitled to claim on behalf of them for the Fatal Accident. The damages they can claim include: pain and suffering, probate (executry in Scotland) and funeral expenses, property damage, and loss of income, if the deceased didn’t die right after the accident in Southampton.
The deceased’s family can also claim for a variety of awards, such as loss of financial dependency, loss of services, funeral expenses, and a statuary bereavement award. The immediate family is entitled to make these claims, as well as any stepchildren, and the spouse or long-term partner of the deceased (provided they have been living with them for over 2 years).
The executors need to file their claims before the immediate family can, who are given six months to do so, but all those who wish to claim can do so at the same time.
What evidence do I need to make a Fatal Accident claim?
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.
Fatal Accidents and going to court
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.
Will my claim require a criminal trial or Fatal Accident Inquiry?
If you need to take part in a criminal, or civil, case, our panel solicitors will help guide you through the particular process – dependent on your unique situation. However, it is important to bear in mind that like Criminal Injury Claims, a verdict is not needed to pass before you make a claim.
And if your case goes to a Fatal Accident Inquiry, we will be there to guide you through the complexities of such a situation. We’ll let you know how it might affect your Fatal Accident claim, and what you will need to prepare for.
When does a Fatal Accident claim need to be submitted by?
In Southampton, as well as the rest of the UK, there are strict time limits for making personal injury claims. As with most injuries, you have up to 3 years from the initial incident to make the claim. With Fatal Accidents, you have 3 years from the date of death. Anything after this time may be barred from being filed unless there are exception circumstances.
Such accidents require some time to settle. Your panel solicitor will work at pace, but given the nature and complexity of the claim, it could take a couple of years before you are awarded the compensation. This means that in some cases, financial restitution could take 5 years to come in – which is why we recommend filing your claim as soon as possible. Speak to our expert team on 02382 553 315^ for no-obligation information now.
Compensation awards for Fatal Accidents
Fatal Accidents are a little harder to calculate than other personal injuries because they need to take into account what the deceased would have earned for the family. And because there are more costs associated with one’s passing, many of these awards can be claimed before a settlement to alleviate those pressures. The following is a list of the type of damages a Fatal Accident can be awarded:
Fatal Accident Compensation – Financial Dependency
If your loved one was a contributor to the household and had dependants relying on them, you can claim damages to cover this gap. This way, your family can manage – at least financially – without them.
Fatal Accident Compensation – Loss of Services
The deceased would have likely played a large role in the house, and their loss will leave you without certain “services.” These can be in the form of childcare, finance management, DIY and house care, cleaning, shopping – just about any value they brought to the house can be quantified. Especially with childcare, where paying childminders or for nursery will incur significant costs.
Fatal Accident Compensation – General Damages and Financial Expenses
Like most personal injury claims, Fatal Accident claims will account for the pain and suffering experienced by the deceased. In particular, if the deceased did not die immediately, there would have been a number of expenses accrued by the family as they sought to visit and take care of them. These costs can all be reclaimed.
Fatal Accident Compensation – Funeral and Legal Costs
It is only fair that the party responsible for the Fatal Accident pay for the funeral and legal costs. As such, the funeral – except for the wake – will be covered in the compensation award and can be released early to the deceased’s family to alleviate the pressure of their finances. Probate costs – or Executry in Scotland – are often expensive, and are required to wrap up an estate. These costs are also accounted for in the award.
Fatal Accident Compensation – Statuary Bereavement Award
There is a fixed award of £15,120 payable to the partner of the deceased known as the “Statuary Bereavement Award.” This part of the compensation package is earmarked for the suffering the partner experiences because of the loss of a loved one.
Fatal Accident Compensation – Intangible Benefits
Something more unquantifiable to calculate, but by no means not important, is an award for the loss of love itself. Love is a frightfully difficult thing to find and hang onto. As such, the “intangible benefit” that the deceased brought to your family is compensated as well. Although a payment for this will never replace the real thing, it is meant to acknowledge the positivity it brought to your life.
Fatal Accident Compensation – Calculating the Amount
With all of these elements of accounted for, it should make sense that estimating an award online without any knowledge of your family is of no value to you. This is why we offer our claim assessment under no-obligation to you. You can speak to us on 02382 553 315^ and if we feel you have a claim for the wrongful death, we will appoint you a Southampton solicitor from our panel to represent your family.
They will also help you receive another benefit, justice. Knowing that those responsible have been penalised should bring some comfort to you, as well as help prevent these kinds of Fatal Accidents occurring again.
Make your Fatal Accident claim with our team today
If you want to get compensation for your loved one’s Fatal Accident in Southampton with a team of friendly and empathetic personal injury experts, get in touch today. We’ll complete your claim on a no win, no fee* basis and provide all the initial outlays for you under no-obligation. Call us now on 02382 553 315^.