Fatal accident damages | Fatality accident damages

Fatal accident damages claims can be complicated and are often incorrectly pursued by solicitors.  We are experienced in both claiming damages for clients arising from fatal accidents and also claiming against their former solicitors for getting the claims wrong.  However, it is always preferable to use a solicitor who knows what they are doing in the first place.

Claims arising from fatal accidents can only be brought by:

• the estate under the Law Reform (Miscellaneous Provisions) Act 1934
• dependants of the deceased under the Fatal Accidents Act 1976

For the dependants to be entitled to claim they have to show they fall within one of the classes of dependants defined by the statute and they were financially dependent on the deceased.  The classes of dependants are:

• spouses and ex-spouses
• a co-habitee of the deceased where they have co-habited for a continuous period of at least 2 years ending with the date of death
• any parent, grandparent or other ascendant of the deceased
• any person treated by the deceased as their parent
• any child, grandchild or other descendant of the deceased
• any person treated as a child of the deceased's family where the deceased was married
• any person who is the child of the brother, sister, uncle or aunt of the deceased.

Dependency damages are based on the level of financial loss.  However, damages can also be obtained for loss of services of a parent.

Bereavement damages are only available to:

• The spouse of the deceased;
• The parents of a legitimate child; or
• The mother of an illegitimate child

Reasonable funeral expenses are recoverable, as are the headstone and the costs of transporting the body to the deceased's homeland for burial.  However, the cost of a wake or mourning clothes.

We are here to help 24 hours a day 365 days a year.  Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.