Death in accident, who can claim?
As fatal accident solicitors we are often faced with various questions by the family left behind following the untimely death of a loved one. Many questions inevitable spring to mind but apart from the painful issues surrounding the cause of death and who was responsible the next issue is who can claim on behalf of the Deceased.
Fatal Accident Claims – Who can claim following the death of a loved one?
In most cases the person or class of persons that can claim is usually the surviving spouse if the deceased was married (this now includes surviving partners in same sex marriages). Most people know this as ‘the next of kin.’ If there is no surviving spouse but there are children to the marriage then it is the children who can claim for the fatal accident compensation for the loss of a parent. The children (if under 18 years old) will have to appoint an adult to act of their behalf however.
The matter becomes a little more complicated as the fatal accident solicitors will have to establish if the deceased left a will. If so, the persons entitled to any fatal accident compensation will be the beneficiaries nominated under the will. If there is no will, then the persons entitled to claim will be in accordance with the rules of Intestacy, that is a strict law of priority as to who is entitled to claim on behalf of the deceased (again this is normally known to most people as the ‘next of kin,’ that is close family members.
Need Help Following Fatal Accident Claim?
We are here to help you every step along the away. Fatal accident solicitors have over 20 years experience in dealing with complex legal and factual issues surrounding the death of a loved one and the on-going investigations into the cause of death.
For further information on making a fatal accident claim please contact us.
Further Reading – Who Can Claim Following Fatal Accident?
Posted: September 13, 2016 at 10:44 pm