Death In Accident, Who Can Claim?
As fatal accident claim solicitors we are often asked who can claim following a accidental death. Bereaved families often have the dilemma of having to cope with the considerable hurt and loss of a loved one and then have to grapple at the same time as to which family member has a legal right to claim compensation for the death in a fatal accident.
For a detailed fatal accident claim guide to claim compensation and who can claim please see our webpages:
Fatal Accidents Eligibility Guide – Who can claim?
Fatal Accident Claims Guide– who can claim?
Fatal Motor Accident Claims Guide – who can claim?
Compensation for Fatal Accidents – Future Awards
Death In Accident Who Can Claim?
You are referred to the above links but in a nutshell those family members who have lost a loved one following a fatal accident at work or fatal road accident for instance are usually the ‘next of kin’ or the father and or mother if the death relates to a tragic accident to an infant.
The rules are governed by the “intestacy laws’ if the deceased left no will. This means, what most people will know is that the ‘next of kin’ are the next person who can claim on behalf of the estate of the deceased and also as a possible dependent of the deceased.
Thus if husband dies in a fatal accident the wife will be the ‘next of kin’ and able to instruct specialist fatal accident claims solicitors like ourselves to pursue a claim for compensation. Due to a recent change of the law, this will apply to same sex marriages to the surviving partner will be abel to claim.
Again following the death of a child, the parent(s) or guardian(s) will be abel to instruct a solicitor to make a claim.
If there are surviving children or partner of the deceased, the next level of persons who can claim following a death in an accident will be the parents of the deceased and if they are no longer living any surviving brothers and sisters (whole or half blood) is acceptable.
If a will has been left by the deceased, the wishes contained in the will are the persons authorised to seek compensation for a death in an accident.
Can I Claim Compensation Following a Fatal Accident?
If anyone needs advice, support and help to consider making a claim following a loss of a loved one or if you are unsure you can make a claim please contact us and we will be pleased to help you. There can be many dependents who can claim compensation and not all of the dependents are equal or there is a conflict of who can claim what.
We will be here to advice you of your legal right to claim compensation following a fatal accident. We will help and advise you if your can claim following a death in an accident all under a no win no fee no worry service.
