BEREAVED FAMILIES HELP FOLLOWING SUDDEN OR UNEXPECTED DEATH
The death of a loved one is always difficult. When the death is sudden, unexpected or potentially avoidable, families can also be left with serious questions about what happened and what they should do next.
Most deaths do not require a solicitor. However, legal advice may be helpful where the cause of death is unclear, an inquest is expected or there are concerns about the actions of a hospital, employer, driver, public authority or another person. Read our full Guide:When Might A Family Need Legal Help Following the Death of a Family Member
When Might Legal Advice Be Required?
A family should consider seeking advice where:
- The death has been referred to a coroner.
- An inquest has been opened.
- There are concerns about medical treatment or a delayed diagnosis.
- The person died following an accident at work.
- The death resulted from a road collision.
- The circumstances involved violence or a suspected criminal offence.
- The deceased financially supported a partner, child or other dependant.
- There is uncertainty about probate or who can act for the estate.
- A legal time limit may be approaching.
Obtaining preliminary advice does not mean that the family must bring a claim. It can simply help relatives understand the investigation, identify important questions and preserve relevant evidence.
Inquests, Probate and Compensation Claims
An inquest is a fact-finding investigation conducted by a coroner. It does not determine civil liability or award compensation, but the evidence considered may help a family understand how their loved one died.
Probate is a separate process concerning the administration of the deceased’s estate. Where a death may have resulted from negligence, it is important to distinguish between a claim belonging to the estate and a claim brought by qualifying dependants under the Fatal Accidents Act 1976.
Depending upon the circumstances, eligible relatives may be able to pursue compensation for financial dependency, lost household services, funeral expenses, losses suffered by the estate and a statutory bereavement award.
Clear Information for Bereaved Families
We have published a detailed new guide explaining when a family might need legal advice after a death.
It covers:
- Coroner investigations and inquests.
- Fatal medical negligence.
- Deaths at work.
- Fatal road collisions.
- Violence and unlawful acts.
- Probate and estate claims.
- Financial dependency and bereavement awards.
- Important legal time limits.
At R James Hutcheon Solicitors, we provide confidential specialist advice to families who have concerns about the circumstances of a loved one’s death. Where separate probate or estate administration advice is required, we can introduce the family to an appropriate independent solicitor.
There is no obligation to begin a claim. The first step is simply to understand what happened and whether any further legal action is necessary.
