Death and Fatal Accident Claims in Sunderland
Accidental deaths are mostly sudden and totally devastate a family with no warning. This leaves those close to the deceased with a crushing sense of sadness, confusion, anger, and worry. Not only do the bereaved have to suffer the emotional distress of the Fatal Accident, but also the financial strain such a loss can take. All of this, whilst those responsible hope to get off scot-free.
Claim for a fatal accident in Sunderland with our legal experts.
We give your family the justice the deceased deserves, whilst compensating you to make sure your family can cope with the reality of the loss. Contact our Sunderland personal injury experts to get a free claim assessment and to get accident compensation on a no win, no fee basis. Call 01916 222 197^ today to get started.
What Makes a Fatal Accident Claim?
A Fatal Accident claim can be brought when someone you love dies in Sunderland because of the negligence of others. This can be from an individual, or an organisation. The aim of the claim is to hold those responsible for the Fatal Accident to account, as well as provide the family with compensation to ease the burden losing a family member can have on their finances.
What Accidents are considered to be Fatal Accident Claims?
Whilst no two cases of Fatal Accidents or wrongful deaths are the same, there are some unfortunately common types we deal with in Sunderland.
- Workplace Accidents
- Road Traffic Accidents
- Medical Negligence
- Industrial 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 the process to 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 Sunderland team of personal injury experts will help you through this legal jungle to get you a successful compensation result.
Who is Entitled to File a Claim for a Fatal Accident in Sunderland?
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 (executory in Scotland) costs, property damage, and loss of income – if they weren’t immediately killed in the accident in Sunderland.
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.
What evidence is needed for a wrongful death 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 you have to go to court for Fatal Accidents?
It is rare that personal injury claims – even those for Fatal Accidents – go to court. Most are settled out-of-court, with the negligent party’s insurance provider awarding the compensation, rather than the company or person themselves. If the blame or damages are disputed, the case may go to court before an award can be given.
Do I need to worry about criminal trials and Fatal Accident Inquiries?
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 Sunderland 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.
What’s the maximum amount of time you can wait to make an accidental death claim?
You have up to three years to make your claim for the Fatal Accident. After this point, you will be forbidden from claiming, unless there are exceptional circumstances.
It can take some time to settle a claim of this nature, because of the inherent complexities that come with a wrongful death. We suggest you call our Sunderland team as soon as possible to get access to compensation. We’re available on 01916 222 197^ and you can speak to us under no-obligation.
How much is a Fatal Accident claim worth?
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:
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 Sunderland solicitor will help secure for you. Call 01916 222 197^ to get started.
Make your Fatal Accident claim with our team today
To get started, simply call us on 01916 222 197^ to speak to our friendly Sunderland team. We’ll evaluate your case under no-obligation to you, and file your claim on a no win, no fee* basis. Don’t delay, get justice for your loved one’s Fatal Accident today.