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Fatal Accidents

Claiming compensation when a loved one dies?

We can assist you with claiming compensation after your loved one has died in an accident or collision that was not their fault.

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Fatal accident compensation claims

Claiming compensation may be the last thing on your mind if a relative has died as a result of another person’s or organisation’s negligence.

However, if a fatal accident occurs, it is often at this time that a family most needs financial support and legal advice. Not only will this help cover the cost of funeral expenses and household expenses, but it will ensure you and your family receive the long-term financial support that would have been provided by the loved one, had they not died.

Oliver & Co Solicitors have decades of experience handling these types of claims. We guarantee to help you in a sensitive and understanding manner, relieving some of the stress and worry caused by the death of your loved one.

What financial support can families receive?

Certain relatives are entitled to what is known as ‘Statutory Bereavement Award.’ This is currently £15,120. This is an amount which the Ministry of Justice gives to eligible relatives – it can be claimed in addition to any other compensation claim. Eligible relatives include: a spouse, a civil parner or a parent (if the child was under the age of 18). 

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What damages can be claimed?

There are two types of claim that can be made by the Estate and the deceased’s dependants.

Damages claimed on behalf of the estate

A right to claim these damages arises under the Law Reform (Miscellaneous Provisions) Act 1934 (“1934 Act”). These damages are largely contained to damages for pain and suffering and past losses incurred up to death. These damages would include:

Damages claimed on behalf of dependants

A right to claim these damages arises from the Fatal Accidents Act 1976. A claim must be brought within three years of death. Bereavement damages are currently fixed at £15,120.

Claims can be made for the loss of income that the deceased would have earned by spouses, civil partners, cohabitees and former spouses or former civil partners. Claims can also be made for services that the deceased would have provided but for their death, such as DIY or care of children.

Bereavement damages

The amount of bereavement damages is set at £15,120. There are a specific number of people who can claim bereavement damages and the damages are divided between eligible Claimants. These are:

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Fatal accident inquests

If your family member died unexpectedly then the death will be reported to a Coroner who may then decide to hold an inquest. An inquest is a public hearing and the purpose is to find out why a person died. At Oliver & Co, we have many years experience representing a client’s interests at an Inquest. We also have a dual qualified doctor & solicitor as part of our team.

What happens at an inquest?

Many family members are asked to attend an inquest. Many do wish to attend to get answers to very difficult questions and to help the grieving process. If you require assistance representing your interests at an inquest, we will assist you and liaise with the Coroner’s Office. We will also liaise with any other necessary parties, such as the police, to obtain relevant documentation before the inquest takes place.

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