Fatal Accident in Stockport Claims
Accidental deaths are mostly sudden and totally devastate a family with no warning. This leaves those close to the deceased with a crushing sense of sadness, confusion, anger, and worry. Not only do the bereaved have to suffer the emotional distress of the Fatal Accident, but also the financial strain such a loss can take. All of this, whilst those responsible hope to get off scot-free.
If you’ve lost a loved one to a fatal accident in Stockport, we can help you claim.
We give your family the justice the deceased deserves, whilst compensating you to make sure your family can cope with the reality of the loss. Contact our Stockport personal injury experts to get a free claim assessment and to get accident compensation on a no win, no fee* basis. Call 01615 169 702^ today to get started.
What is a claim for a Fatal Accident?
If someone you love has died due to injuries sustained from an accident – it is considered a Fatal Accident claim if the blame rest with a negligent party. Such a claim can see your family compensated for the loss, and hold those responsible to account, allowing you to seek justice for the deceased.
What Accidents in Stockport are Considered Fatal Accident Claims?
Our team see an unfortunately large commonality with Fatal Accident claims, particularly those from car accidents. However, not all causes of wrongful death are from accidents. Some leading causes of death in Stockport are:
- Accidents at Work
- Accidents in Public Places
- Road Traffic Accidents
- Clinical Negligence
- Industrial Disease
We make sure to establish liability for the accident so that the negligent party is held responsible for the accident, allowing your family to be compensated fully. Even when the cause of the death is unclear, we will work to make sure you see justice for the loss you have experienced.
What is the Process for Making a Fatal Accident Claim?
When making a Fatal Accident claim, you’ll need the help of our expert personal injury team to navigate this involved process. We’ll guide you on the important who, when, and what questions whilst keeping the jargon light.
Who can Bring a Claim for a Fatal Accidental?
Fatal Accident claims need to be brought by the executors named in the deceased’s will (if there was one) as they have a legal obligation to manage the estate of the deceased. Dependants of the deceased are also entitled to claim. However, they are only able to do so 6 months after the date of death if the executors decide not to pursue a claim. All parties wishing to claim should do so at the same time.
When claiming on behalf of the deceased lost in the Fatal Accident, executors can seek compensation for: pain and suffering, funeral costs, probate (executry in Scotland) costs, property damage, and loss of income – if they weren’t immediately killed in the accident in Stockport.
Dependants of the deceased can claim for loss of financial dependency when losing a family breadwinner. They can also claim for loss of services – including childcare – as well as a statuary bereavement award. Dependants are anyone in the deceased’s immediate family, as well as stepchildren. Spouses and long-term partner – if they were living together for more than 2 years.
Evidence in Fatal Accident claims
A coroner will need to investigate the deceased to determine cause, time, and probable place in Stockport of death. Your appointed panel solicitor will use this, along with evidence collected, to paint a picture of the circumstances of the Fatal Accident. Evidence can include witness statements, photographic and video – such as CCTV – as well as accident book records.
When these have been collected, your panel solicitor will be able to attribute blame for the accident. If the negligent party admits fault at this point, a compensation award may be offered. However, if they refute blame, it is possible the case will go to court.
Will I need to go to court after an Accidental Death?
It’s unlikely your Fatal Accident claim will end up in court. Most personal injury cases are settled out of court and are paid by the negligent party’s insurer. If, however, there is a dispute of fault or there is a criminal trial, you may need to attend court.
Criminal trials and Fatal Accident Inquiries
You may find that your loved one’s Fatal Accident arises the need for a civil, or criminal trial. Should this happen, we will help you throughout the process – what with different one’s for the type of trial. The important thing to bear in mind is that a conviction does not need to happen for your compensation claim to proceed. The justice a criminal trial could bring to your family is incalculable, but at least you can be supported financially before it gets to that point.
In the event of Fatal Accident Inquiries – or FAIs – these only take place when there are wider ramifications for public safety brought to light by this wrongful death. In this situation, we will be at your side throughout to guide you through the FAI and inform you of what that could do to your claim, if it hasn’t been settled yet.
What’s the maximum amount of time you can wait to make a Accidental Death claim?
In Stockport, as well as the rest of the UK, there are strict time limits for making personal injury claims. As with most injuries, you have up to 3 years from the initial incident to make the claim. With Fatal Accidents, you have 3 years from the date of death. Anything after this time may be barred from being filed unless there are exception circumstances.
Such accidents require some time to settle. Your panel solicitor will work at pace, but given the nature and complexity of the claim, it could take a couple of years before you are awarded the compensation. This means that in some cases, financial restitution could take 5 years to come in – which is why we recommend filing your claim as soon as possible. Speak to our expert team on 01615 169 702^ for no-obligation information now.
What damages can you claim for a Fatal Accident?
Fatal Accident claims vary in compensation and are essentially impossible to estimate without close attention to the individual’s circumstances. The releasing of the award can also be circumstantial, as certain expenses can have funds given earlier. When calculating the compensation, the following factors can be considered to arrive at a figure that reflects the family’s new dynamic.
- General Damages. General damages are the compensation for the pain and suffering felt by the deceased – much like personal injury claims. If there was also a loss of amenity – such as in the event of a coma – in the lead up to the death, this can also be claimed for too.
- Financial Expenses. If there was a delay in the time between the Fatal Accident in Stockport and the passing, it is likely your family will have accrued expenses. These can be from hospital visits, providing care or any other expense in the event of the incident.
- Funeral and Probate Expenses. It’s not news that funerals in the UK are expensive. As part of your compensation package, the funeral will be covered – except for the wake – by the negligent party. Because there is a lot of legal work involved in tying up an estate, Probate (Executry, in Scotland) is required and will also be covered.
- Statuary Bereavement Award. The surviving partner will be awarded a fixed sum of £15,120. This is to accommodate for the grief of losing their spouse.
- Financial Dependency. The loss after a Fatal Accident doesn’t just culminate in grief. There will likely be a substantial deficit in household income from their passing. The dependants of the deceased will receive compensation to reflect the lack of finances they would have provided.
- Loss of Services. There is also value that the deceased brought to the household beyond financial. These can include – for example – childcare, shopping, and DIY, things would incur costs without their involvement.
- Intangible Benefits. There is also a financial acknowledgement of the loss of love after the wrongful death. Whilst it’s difficult to quantify, and by no means a measure of the love itself, the award is aimed at expressing remorse for the loss of something intangible, but very much there.
All of these elements combine to make up the compensation for the Fatal Accident, and the complexity of them is why we don’t offer an online calculator. Instead, we offer our claim assessments under no-obligation to you. That way, you can get an accurate estimate based on your circumstances from an expert by calling 01615 169 702^. If you want to proceed your claim with us, we will appoint one of our panel solicitors for Stockport to you. They will help you claim financial restitution, as well as justice for your loved one.
Claim for a Fatal Accident with our team today
When dealing with something as tragic as losing a loved one to a Fatal Accident, it’s important that you have an empathetic legal team by your side. By contacting us, you’ll be speaking to personal injury experts, who will explain in plain English your case and what compensation you could be due. Call us on our Stockport line – 01615 169 702^ – to get started.
