Fatal Accident Compensation Claims in Portsmouth
Losing a loved one is hard enough, but when it’s at the hands of a negligent party, grief turns to anger, confusion, and stress. When people important to you suffer a Fatal Accident, the consequences don’t end with them, they ripple across the whole family. Accidental deaths put a significant strain on the emotional and financial health of the entire family. Trying to hold those responsible to account can be almost impossible while trying to cope with losing another breadwinner, and/or suffering psychiatric distress from the death. This is where our legal experts for Portsmouth can help.
Claim for a fatal accident in Portsmouth with our legal experts.
We will seek to make sure your family are looked after through a compensation award that reflects your needs, and the mental support you need to keep your head above water. Contact us on 02394276981^ to get a free case assessment and to hear how our no win, no fee* personal injury claims can work for you.
What Makes a Fatal Accident Claim?
When an accident in Portsmouth results in a person’s death, and it was caused by another’s negligence – be it a person or organisation – a Fatal Accident claim can be brought by the deceased’s loved ones. This allows justice to be sought on behalf of the deceased, as well as financial restitution to be awarded to help the burden on the family. Whilst it will never replace the loss, knowing that those responsible have been held to account will help prevent others from enduring Fatal Accidents in the future.
What Accidents in Portsmouth are Considered Wrongful Death Claims?
Whilst no two cases of Fatal Accidents or wrongful deaths are the same, there are some unfortunately common types we deal with in Portsmouth.
- Workplace Accidents
- Road Traffic Accidents
- Medical Negligence
- Industrial Diseases
- Accidents in Public Places
We make sure, however the death happened, to pursue any case to the fullest extent possible, even if the circumstances of the accident are unclear. Our main goal is to support your family though this trying time and see that you are provided the financial damages needed to maintain your family.
What is Involved in Making a Fatal Accident Claim in Portsmouth?
Every Fatal Accident claim, no matter how it occurred, is assessed closely by our senior legal teams. We will work with medical specialists, investigators, and witnesses to paint a picture of the accident in Portsmouth and who can be blamed for the wrongful death.
Even if you’re 100% sure of the attribution of blame for the wrongful death, the process of making one is not so straightforward. Our personal injury solicitors** for Portsmouth will help you to navigate towards a successful result for your family.
Who can Make Fatal Accident Claims?
The executors of the deceased’s estate – as appointed in their Will – are entitled to claim on behalf of them for the Fatal Accident. The damages they can claim include: pain and suffering, probate (executry in Scotland) and funeral expenses, property damage, and loss of income, if the deceased didn’t die right after the accident in Portsmouth.
The deceased’s family can also claim for a variety of awards, such as loss of financial dependency, loss of services, funeral expenses, and a statuary bereavement award. The immediate family is entitled to make these claims, as well as any stepchildren, and the spouse or long-term partner of the deceased (provided they have been living with them for over 2 years).
The executors need to file their claims before the immediate family can, who are given six months to do so, but all those who wish to claim can do so at the same time.
Evidence in Accidental Death claims
After the coroner’s investigation into the cause and time of death, your appointed panel solicitor will be able to give context to the evidence. Such evidence could be photos and videos, such as that captured by CCTV, witness statements, and records in accident books.
With these combined, the solicitor will be able to determine who is at fault for the Fatal Accident, and how much the compensation ought to be awarded. When the negligent party accepts blame, a settlement may be reached, although if they do not, it may go to litigation.
Do I need to go to court for a Fatal Accident claim?
You won’t necessarily need to go to court. Like most personal injury claims, Fatal Accident claims tend to settle out of court. This is often because the insurance company pays the compensation, rather than the individual or the organisation in Portsmouth you’re suing. There are exceptions to this, such as if the negligent party refutes blame, or in the event of criminal trials, but it won’t strictly affect where the compensation award is coming from.
Will there be criminal trials and Fatal Accident Inquiries?
A trial of any kind, be it a civil or criminal case, can be a stressful and complicated affair. If your Fatal Accident claim comes to a court situation, our panel solicitors for Portsmouth will be able to guide through the process. The good news is that a criminal conviction does not need to happen in order to pursue compensation for your family. This is similar to how Criminal Injury Claims are processed.
In the unlikely event that your case goes to a Fatal Accident Inquiry (FAI), then the ramifications for your Fatal Accident claim would be large and could affect the wider laws of the country. Should and FAI be necessary for your case, your panel personal injury solicitor will be there to support you.
What are the time limits for making Accident Death claims?
There is – like most personal injury claims – a time limit of 3 years in which you can file your claim. If after this point you decide to push on without extenuating circumstances, you will be barred from filing your Fatal Accident claim.
Wrongful death claims can take a couple of years to complete, so it is worth acting as soon as possible. If you feel you are ready, contact our Portsmouth team on 02394276981^ now for a no-obligation discussion.
How much is a Fatal Accident claim worth?
Compensation awards for Fatal Accidents are not a flat figure. They depend on a variety of factors, not limited to loss of financial dependency, funeral expenses, and statuary awards. A number of these parts of the compensation packages can be claimed in the interim, to accommodate expenses, such as those from funerals.
Fatal Accident Compensation – Financial Dependency
If your loved one was a contributor to the household and had dependants relying on them, you can claim damages to cover this gap. This way, your family can manage – at least financially – without them.
Accidental Death Compensation – Loss of Services
The deceased would have likely played a large role in the house, and their loss will leave you without certain “services.” These can be in the form of childcare, finance management, DIY and house care, cleaning, shopping – just about any value they brought to the house can be quantified. Especially with childcare, where paying childminders or for nursery will incur significant costs.
Fatal Accident Compensation – General Damages and Financial Expenses
Like most personal injury claims, Fatal Accident claims will account for the pain and suffering experienced by the deceased. In particular, if the deceased did not die immediately, there would have been a number of expenses accrued by the family as they sought to visit and take care of them. These costs can all be reclaimed.
Wrongful Death Compensation – Funeral and Legal Costs
It is only fair that the party responsible for the Fatal Accident pay for the funeral and legal costs. As such, the funeral – except for the wake – will be covered in the compensation award and can be released early to the deceased’s family to alleviate the pressure of their finances. Probate costs – or Executry in Scotland – are often expensive, and are required to wrap up an estate. These costs are also accounted for in the award.
Fatal Accident Compensation – Statuary Bereavement Award
There is a fixed award of £15,120 payable to the partner of the deceased known as the “Statuary Bereavement Award.” This part of the compensation package is earmarked for the suffering the partner experiences because of the loss of a loved one.
Accidental Death Compensation – Intangible Benefits
Something more unquantifiable to calculate, but by no means not important, is an award for the loss of love itself. Love is a frightfully difficult thing to find and hang onto. As such, the “intangible benefit” that the deceased brought to your family is compensated as well. Although a payment for this will never replace the real thing, it is meant to acknowledge the positivity it brought to your life.
Wrongful Death Compensation – Calculating the Amount
With all of these elements of accounted for, it should make sense that estimating an award online without any knowledge of your family is of no value to you. This is why we offer our claim assessment under no-obligation to you. You can speak to us on 02394276981^ and if we feel you have a claim for the wrongful death, we will appoint you a Portsmouth solicitor from our panel to represent your family.
They will also help you receive another benefit, justice. Knowing that those responsible have been penalised should bring some comfort to you, as well as help prevent these kinds of Fatal Accidents occurring again.
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 Portsmouth line – 02394276981^ – to get started.