Under new laws announced by the Government, yet again a further tax on death are to be introduced through the back door by court fees.
Fatal accident claims solicitors are only too well aware that this Government has reduced access to justice to many or have made injured victims pay their solicitors in the event of a successful fatal injury claim.
Now with this new fee that bereaved families will have to pay to complete the legal work to transfer or sell property or to gain access to bank accounts or shares of the deceased etc there will be a sliding scale of fees.
Currently the probate fee bereaved families will have to pay is £215 or £155 if going through a fatal accident claim solicitor. When the new change in the law comes into force, a scale of court fees will be introduced:
Estates worth £1.6 million £2 million will be charged £12,000
Estates worth excess of £2 million will have to pay £20,000.
Estates £50,000 to £300,000 will be charged £300.
Fatal accident claims will not be exempt but there will be an argument that such fees will be recoverable from the other side. However there is case law that probate fees are not recoverable so it is something that could be difficult to swallow should the increase in such fees be paid for by the bereaved families.
The importance of contracting sepsis has taken a new twist when the Health Secretary in the Times on 11 March 2017 has advised that anyone who has contracted the infection should be treated within the hour. The guidelines take on board the little know dangers of the infection that can lead to death.
However failing to spot the signs of the infection can lead to fatal accident claims against the NHS for medical negligence or against others who may be liable for instance sepsis contracted during the course of your work – fatal accident at work claims or a recent blog we discussed where a dog owner caused or allowed his dog to bite a carer who contracted sepsis and subsequently died.
Sepsis Patients to be Treated Within the Hour
The Health Secretary has now advised that sepsis patients must be treated within the hour.
What is Sepis?
Sepsis occurs when the body’s immune system goes into over-drive as it tries to fight the infection that damages tissue and interferes with the blood flow. Patients can die if the infection is not treated early. We have seen in recent blogs by the fatal accident solicitors that in some cases the bereaved family may have a legal right to claim compensation for fatal accident claims should there be a fault on behalf of the employer and/or person who caused the infection.
Further, if the sepsis is not treated quickly by the NHS doctors or at all, a clinical negligence claim may also be made.
What are the Signs of Sepsis?
According to Health Line the following are the signs of sepsis infection:
patches of discolored skin.
changes in mental ability.
low platelet (blood clotting cells) count.
abnormal heart functions.
chills due to fall in body temperature.
A recent study has estimated that there are 260,000 people in the UK would develop the condition annually.
Affected By This Story?
If you wish to seek advice or legal support please contact the fatal accident solicitors as soon as possible. There is a limited period of time to make a claim and whilst it is a difficult time there is a lot we can do to help bereaved families to help get to the truth of what happened and seek some form of justice to what has tragically happened.
‘Help when you need it most‘ are heart felt words that are more apt when it comes to losing a loved on due to an ‘fatal accident’. We use the word ‘accident’ because in some tragic cases this can include actions that are reckless rather than careless or due to ignorance.
Here a fatal road accident is caused by more than a momentary lapse of concentration on the road, it is more than that. That difference it total devastation for the family who have lost a loved one from an emotional also also financial.
Fatal Accident Solicitors – Free Family Support
Nothing can change what has happened but we would all give everything we have to change it. But life has to go on and we are here to help bereaved families to find justice and to obtain some financial stability.
We will help the family by investigating the cause of the fatal accident claim by seeking up to date developments with the police who are empowered to establish if any law has been breached and to provide the necessary evidence to the Crown Prosecution Service (CPS) who will make a decision if a criminal charge can be made against the driver for causing death by dangerous driving.
Fatal Accident At Work?
If an fatal accident at work has happened then the Health and Safety Executive will be empowered to investigate and has the power to prosecute employers if they fail in their duty to provide a safe place and safe system of work.
Again as fatal accident solicitor we will liaise with the Health and Safety Executive and if there is evidence that the employer has fallen short if its duty of care, take necessary court action to include a claim for fatal accident compensation.
Further Reading from Fatal Accident Solicitors
This website is dedicated to helping families who have lost a loved one in due to a fatal accident either on the road, at work or somewhere else. No matter, how, why or where please get in touch with us as we will do everything we can to help you. Our advice will be under a No Win, No Fee, No Worry Solicitor Service.
At fatal accident solicitors we specialise is advising family members and friends surrounding the tragic loss of a loved one following a fatal accident. Fatal accident solicitors consider all claims where the death was unlawful, by that we mean accident related such as:
How can Fatal Accident Solicitors Help Bereaved Families?
By experience and expertise we can assist in helping families get to the truth of what happened and how their loved one died. Not all accidents are straight forward, often the Defendant may change his or her story to deflect blame or blame other parties to avoid responsibility. This can cause a great deal of distress to the family but as fatal accident solicitors will be here to help you every step of the way.
In addition to getting to the truth of what happened to also obtain compensation for the fatal injury. We appreciate as fatal accident solicitors that often the loss of a loved one involves a loss of income to the family household which means there is financial as well as emotional stress. The compensation for a fatal accident can help relive the financial burden so that there is one less thing to worry about. The bills don’t stop coming through the door because someone has died so it is important that the family do consider making a claim.
There is also the legal paper-work involved, attending an Inquest (Court Hearing) to determine the fatal accident circumstances and issues such as probate i.e. did the deceased leave a will and if not, who is the ‘next of kin’ who has authority to deal with the deceased affairs.
There are lots of issues which we can help every step of the way and all under our no win no fee solicitors service so you have no financial worries by instructing the fatal accident solicitors.
Not all fatal accident solicitors are the same. It this most difficult time for family members who are looking for legal advice in such an emotional and traumatic time, it is important that you do obtain advice from as specialist in this area.
Fatal accident claims can involve a very complex area of the law where there are pitfalls for the unweary and inexperience solicitor who may be very good dealing with simple whiplash injury road traffic accident claims or accidents at work but not equipped with fatal injury compensation claims. Applying the law to fatal accident claims is not routine, the demands and complexity are uniquely demanding and simply nothing short of experience and expertise should be considered in such a difficult time for the family.
One Example of an Inexperienced Solicitor Getting It Wrong
In this matter, a firm of fatal accident solicitors acted for a family whose adult child was tragically killed in a road traffic accident. The deceased was living away from his parents and recently left university and was in a full-time job.
Following the conviction the family as requested by the fatal accident claim solicitors requests that they send the receipts in of the funeral expenses to stat they can be reimbursed with the cost of the funeral and headstone which is a claim that can be made under the Fatal Accidents Act 1976.
The fatal accident solicitor only made a cursory enquiry asking simply did their adult child provide an financial support for them at the time of death. The answer was ‘no.’
The insurance company for the other driver made an offer to compensate the family for the funeral expenses in ‘full and final settlement’ of the fatal accident claim. That was it. The family became a little concerned and questioned their rights. After seeking advice from us, it quickly became apparent that the fatal accident solicitor simply did not go into any detail about what a ‘dependency claim’ involves and what can be claimed.
Fatal Accident Dependency Claim
It turns out that the parents and the deceased had in mind shortly before the tragic death that their adult child was intending to come back to live with the parents due to job relocation and more-over to look after one of them as they had fallen ill. That the provision of care to one parent and that the adult child would financially support his family was simply over-looked by the fatal accident solicitor. No proper and full investigations were ever made.
Had it not been for that telephone call to us, the fatal accident solicitors the family would have settled the claim for compensation for the loss of funeral expenses. The total value of the Dependency claim is significant and whilst no amount of fatal accident compensation can ever be considered as justice, it does provide some financial security, closure and piece of mind.
Fatal Accident Solicitors – Advice & Support
We are here to help you every step of the way. The first legal step is to call us. We will be sympathetic and with over 20 years of dealing with families left devastated by the loss of a loved one appreciate your concerns and demands for justice. We work under a No Win, No Fee Solicitor service so you have no worries in getting in touch.
Make sure you instruct the right fatal accident solicitor, otherwise you may not obtain the justice that you deserve and the right amount of compensation of piece of mind and a sense of closure. The above link is a cautionary tale of what can easily go wrong if the family instruct the wrong fatal accident solicitor.
This question is often asked by family members who have lost a loved one. Usually common sense plays a part as to who can claim compensation following a fatal accident. The person is usually the next of kin, who is the wife or husband (or surviving partner in a same sex marriage) of the deceased. That obviously makes sense.
But who can make a claim will also be dependent upon whether the deceased left a will and that the person who is legally entitled to claim was also dependent upon the deceased at the time of death.
This can lead to unjust consequences not only as to who is entitled but also if the family member who wishes to make a claim for fatal accident compensation is also dependent upon the deceased in any way, that could be financial as well as non-financial such as being cared for by the deceased before death.
Non-married partners can also claim however. This is sanctioned in the Fatal Accidents Act 1976, providing that the couple were living together as ‘husband and wife’ for a period of at least 2 years prior to the death of the other partner.
The harshness of this rule is brought into focus by the recent decision of Swift v Secretary of State. In this case, an unmarried couple where the wife had gave birth to the deceased’s child just weeks after his death were unable to bring a fatal accident compensation claim due to the fact that they had only been living together for just 6 months prior to the tragic accident.
The Deceased was unlawfully killed at work due to an accident to which his employers admitted fault. However the fatal accident claim valued in the region of over £400,000 could not be made due to the fact that they did not live together for 2 years prior to death despite the fact that the his partner was pregnant and having his child.
Fatal accident solicitors challenged the unfair law under the Human Rights Act but despite the Judge expressing sympathy for the surviving partner, with the inevitable unjust law that had to be applied to this particular tragic circumstance, there was nothing with the Judge’s power to change the law and grant any fatal accident compensation at work.
The fatal accident claim was therefore dismissed.
The law is totally unjust in this area and outdated like many of the laws following the untimely death of a loved one due to the fault of another. It is time the law is updated and changes to avoid the tragic consequences that follow.
Builder, aged 29 years old, was pronounced dead at work following an incident that occurred whereby the scaffolding fell on top of him, leaving him with severe head injuries.
As a result of the incident, the Claimant was rushed straight to hospital, where it transpired that he had brain damage.
The Claimant was put on a life support machine and after 48 hours it had to be switched off due to him being unresponsive.
An Inquest Hearing took place into the cause of death as there were no witnesses. It was later confirmed that there was a fault in the support frame of the scaffolding and that the Defendant was negligent for providing a unsafe piece of equipment within the work place.
If you are aware of a similar case whereby you would like to obtain further information, please do not hesitate to contact our Fatal Accident Solicitors.
In a similar scenario, it is important that the Dependant or family of the deceased receive Legal Advice from qualified Fatal Work Accident at Work Solicitors.
It is believed the 32-year-old was taking part in work on a farm where he was contracted to fit and erect safety netting on a barn extension when his ladder came into contact with an 11,000 volt power line.
The deceased was thrown 20ft to the ground and was transported to hospital by an air ambulance when he was pronounced dead on arrival.
A Inquest Hearing took place into how the cause of death happened and it was confirmed there was an electrical burn from a cable which was 2m away from where the deceased was working, the electricity traveled straight through his arm to his toe causing a fatal heart attack. The fatal accident occurred at the work place and yet another tragic statistic.
Accident at Work Claim
Safety of all employees in the work place is a priority to prevent a fatal work accident. The Health and safety of the workforce is paramount.
The dependents and family of the deceased should also make sure that they receive specialist legal advice from qualified fatal work accident solicitors.
As a firm of solicitors with over 27 years of experience you can assured we consider and analyse carefully the full factual and legal aspects of every death at work.
Compensation will be available for each fatal accident where the fault was wholly or on part due to the employer’s negligence. The main claims for compensation are for fatal accident at work claims are:
Injuries to the Deceased (if death was not instantaneous)
Further Fatal Accident At Work Claims Advice
We have a dedicated work accident compensation website that provides various information on various accidents at work which may be of assistance to you. The website’s relevant page in this area is Fatal Accidents at Work for general legal advice Hutcheon Law fatal accidents.
It is believed the retired woman, was a back seat passenger of her husband’s car when their vehicle was struck by another car that had went through a red light.
The deceased was transported to hospital by Emergency Services were she remained for two weeks but sadly died.
An inquest into her death took place in which it was found she suffered chest injuries and a broken pelvis but her condition started to improve over the two weeks that she was hospitalised.
A post-mortem was taken out on the deceased were it revealed she died due to a pulmonary embolism caused by deep vein thrombosis which was caused by chest and abdominal injuries.
Information to families of the deceased
By instructing the Fatal Accident Claims Solicitors you will NOT BE ALONE. Every death is a tragic chapter and through life it is something we will all experience. But when it is so sudden and to the young the pain can be more than unbearable. Nobody can do now bring back the life of your Wife, Husband, Partner Brother, Sister and even a Child. However the family left behind have to continue even when at times it may seem pointless.
The legal side of things plays an important part following a death due to a Fatal Road Accident. It may seem like a blur to bereaved families but it has to be done. The Government have historic legal authority over the body of the deceased, whether we like it or not.