Fatal Accident in Wakefield Claims
If a Fatal Accident has killed a close family member of yours, you need a legal team who will give you the friendly support required. As well as bringing those responsible to justice with the full force of the law.
Claim for a Fatal Accident in Wakefield with our legal experts.
Our personal injury experts of Wakefield will tirelessly pursue damages for your family to make life without them that much more bearable. Contact us on 01924 961 567^ to get a free claim assessment and hear about our no win, no fee* compensation offer. Call today.
Fatal Accident Claims – What Are They?
When someone dies because of negligence from a company or another person in Wakefield it is possible to bring a claim for Fatal Accident compensation.
Are all Accidents in Wakefield Claimable when they are Fatal?
The most common causes of Fatal Accidents aren’t always immediate, which is especially true of industrial diseases. The claims we deal with the most are:
- Road Traffic Accidents
- Workplace Accident
- Medical Negligence
- Stillbirths and Birth Injury
- Industrial Diseases
- Accidents in Public Places
- School Accidents
- Store Accidents
- Suicides whilst in psychiatric care
However, the wrongful death and Fatal Accident occurred in Wakefield we make sure to treat your claim individually and give your family the closest support possible. This is especially important when the circumstances of the death aren’t clear, as we will tirelessly pursue compensation for you to make sure justice is done.
What is the Process for Making a Fatal Accident Claim?
When making a Fatal Accident claim, you’ll need the help of our expert personal injury team to navigate this involved process. We’ll guide you on the important who, when, and what questions whilst keeping the jargon light.
Who is Entitled to File a Claim for an Accidental Death in Wakefield?
Claims for Fatal Accidents tend to be brought by the executors of the deceased’s estate – when there is a Will – and their dependants. As executors are responsible for dealing with the property, assets, and money of the person who has died, they also need to pursue any legal matters on their behalf. When it comes to damages for the wrongful death, they can claim – on behalf of the deceased – for:
- Pain and suffering the deceased likely experienced
- Expenses occurred, such as funeral and Probate (or Executry in Scotland) costs
- Damaged property
- Income lost, if the deceased didn’t die right away
Other individuals are also able to claim for loss of financial dependency or loss of services as a consequence of the Fatal Accident:
- Current or former spouse/civil partner
- Current cohabitating partner of at least 2 years
- A parent of the deceased
- A child – or stepchild – of the deceased
- Other nuclear family members, such as siblings
Claims should be filled by all those involved at the same time. If, however, the executors do not pursue a claim for Fatal Accident compensation, the deceased’s relatives/dependants can claim separately after 6 months.
What evidence do I need to make a Fatal Accident claim?
Similar to how medical reports are required in personal injury claims, Fatal Accident’s require the investigation of a coroner. They will determine the cause of death, as well as when and where it happened. Your panel solicitor will work with you to gather evidence to give context to the coroner’s report, and review these together to establish blame. Such evidence could be:
- Witness statements
- Photographic evidence and CCTV footage
- Incident location visits
- Accident books, if in a public place or workplace
When fault has been concluded, your panel solicitor for Wakefield will begin talks with the opposition party. At this stage, a settlement might be reached if they admit fault. However, if they deny blame, then it may go to litigation.
Will I need to go to court after a Fatal Accident?
It’s unlikely your Fatal Accident claim will end up in court. Most personal injury cases are settled out of court and are paid by the negligent party’s insurer. If, however, there is a dispute of fault or there is a criminal trial, you may need to attend court.
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 Wakefield 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.
How long do I have to make a Fatal Accident claim in Wakefield?
There is – like most personal injury claims – a time limit of 3 years in which you can file your claim. If after this point you decide to push on without extenuating circumstances, you will be barred from filing your Fatal Accident claim.
Wrongful death claims can take a couple of years to complete, so it is worth acting as soon as possible. If you feel you are ready, contact our Wakefield team on 01924 961 567^ now for a no-obligation discussion.
Compensation awards for Fatal Accidents
Claims for Fatal Accidents will vary in value. This is due to how the deceased leaves their family behind, particularly when it comes to dependants. To make this easier for families who are waiting for their claim to settle, certain elements of the compensation package can be released earlier, such as funeral expenses. There are multiple factors taken into account when calculating the compensation award, such as:
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 Wakefield solicitor will help secure for you. Call 01924 961 567^ to get started.
Make your Fatal Accident claim with us
You need to make sure your Fatal Accident claim is handled by a team of empathetic experts, and we have the Wakefield team to do that. Call us on 01924 961 567^ to start your claim on a no win, no fee* basis today.