Fatal Accident Compensation
The consequences a fatal accident giving rise to a claim for compensation can be devastating. However making a claim is simplified by coming to us for advice and assistance. We will help you every step of the way.
The first step is to make that call to us. We will then guide you through everything you need. It can be daunting speaking to solicitors at such a difficult and sensitive time but as fatal accident claim solicitors we will always be here for you.
How We Approach Claim Compensation
The initial work we will undertake to make a fatal accident compensation claim will be as follows:
– Investigate the full circumstances of the death
– Attend any inquest
– Obtain police reports
– Obtain any pathologist’s report
– Investigate all losses, including pension entitlements, benefits and lost earnings.
– Advice on the dependants and who can claim fatal accident compensation
– Assess if the deceased left a will and if so who is appointed to represent the Deceased’ estate. These are called executors and in most cases will be the Husband/Wife or Partner of the Deceased.
– If no will has been left, the person responsible to bring a claim is usually the Deceased’s “next of kin”
. – Cost of attending the inquest and obtaining the grant of probate or letters of administration (there are the technical legal terms used for the “paper-work” the fatal accident solicitor have to undertake to prove that the person(s) providing the solicitor with instructions to make a fatal accident compensation claim are the right people in law to do so. In the majority of the cases this will be the “next of kin.”
– A dependant may bring an action if the responsible person (“next of kin”) does not bring an action within 6 months (Fatal Accident Act s 2(2))
– Apportionment of fatal accident compensation, can be achieved by agreement between dependants, unless there are dependent children under 18 when court approval will be needed. Apportionment to children will be governed by the level of maintenance costs required and providing a lump sum for the child at the age of 18. It may be necessary to protect the children by seeking a higher apportionment than is usually the case.
For more information on fatal accident compensation amounts and what can be claimed, please click on the fatal accident claim guide link.