Death and Fatal Accident Claims in Leeds
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.
We can help you claim for an accidental death with our expert legal team.
Our personal injury experts of Leeds will tirelessly pursue damages for your family to make life without them that much more bearable. Contact us on 01132 234 466^ to get a free claim assessment and hear about our no win, no fee* compensation offer. Call today.
What is a Fatal Accident Claim?
If someone you love has died due to injuries sustained from an accident – it is considered a Fatal Accident claim if the blame rest with a negligent party. Such a claim can see your family compensated for the loss, and hold those responsible to account, allowing you to seek justice for the deceased.
What Accidents in Leeds are Considered Fatal Accident Claims?
Fatal Accident claims in Leeds can be brought for many different situations, including, but not limited to:
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.
What do I need to know to process a Fatal Accident Claim?
Every Fatal Accident claim, no matter how it occurred, is assessed closely by our senior legal teams. We will work with medical specialists, investigators, and witnesses to paint a picture of the accident in Leeds and who can be blamed for the wrongful death.
Even if you’re 100% sure of the attribution of blame for the wrongful death, the process of making one is not so straightforward. Our personal injury solicitors** for Leeds will help you to navigate towards a successful result for your family.
Who can Make Fatal Accident Claims?
The executors of the deceased’s estate – appointed by their Will – are responsible for filing a Fatal Accident claim, as well as managing their finances and assets. They claim on behalf of the deceased for the following damages:
- Pain and suffering
- Expenses occurred, such as probate (executry in Scotland) and funeral costs
- Damaged property
- Income lost, if the deceased wasn’t killed straight away
Dependants can also claim for losses incurred from the death of their loved one. This can include loss of financial dependency, as well as loss of services, funeral expenses, and a statuary bereavement award. Although who can claim what will depend, those who can claim are limited to the deceased’s immediate family (including stepchildren), spouse or long-term partner, provided they have been together for more than 2 years.
The executors need to claim before the dependants can, and the executors are given 6 months to file a claim before the family of the deceased can in adherence with Probate laws.
Evidence requirements for Accidental Death claims
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 Leeds 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.
Do you have to go to court for Fatal Accidents?
You won’t necessarily need to go to court. Like most personal injury claims, Fatal Accident claims tend to settle out of court. This is often because the insurance company pays the compensation, rather than the individual or the organisation in Leeds you’re suing. There are exceptions to this, such as if the negligent party refutes blame, or in the event of criminal trials, but it won’t strictly affect where the compensation award is coming from.
Will my claim require a criminal trial or Fatal Accident Inquiry?
Criminal trials for Fatal Accidents in Leeds can often take a long time, not just because of the way in which the UK courts operate. The good news is that you do not need to wait for a criminal trial to be closed or a conviction to be made before claiming. Much like Criminal Injury Claims, the compensation isn’t dependent on the verdict – guilty or not. The trail maybe a criminal or civil case, which in themselves have different processes because of different laws, but we’ll make sure you’re fully informed of your circumstances.
In the event of a Fatal Accident Inquiry – or FAI – this wrongful death would have been so severe that it has knock-on effects for health and safety across the country. National bodies, like HSE, are designed to enforce regulations to prevent accidents, with many of these coming about from serious injuries and deaths that lead to FAIs. If your case necessitates a FAI, your appointed panel solicitor for Leeds will guide you on all aspects of making this claim, and how it may affect your Fatal Accident claim.
What is the time limit for making a Fatal Accident 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 Leeds team as soon as possible to get access to compensation. We’re available on 01132 234 466^ and you can speak to us under no-obligation.
How much compensation can I claim for a Fatal Accident?
Compensation awards for Fatal Accidents are not a flat figure. They depend on a variety of factors, not limited to loss of financial dependency, funeral expenses, and statuary awards. A number of these parts of the compensation packages can be claimed in the interim, to accommodate expenses, such as those from funerals.
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 Leeds solicitor will help secure for you. Call 01132 234 466^ to get started.
Make your Fatal Accident claim with us
To get started, simply call us on 01132 234 466^ to speak to our friendly Leeds 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.