Fatal Accident Claims in Birmingham
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 Birmingham can help.
Claim for a fatal accident in Birmingham 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 0800 083 8358^ 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?
Fatal Accidents occur when someone dies as a result of injuries they were not at fault for. A claim can be brought if such an accident in Birmingham is due to a negligent party, such as an individual or a business. The claim looks to punish those who have caused the tragedy, and award damages to those who now have to suffer the reality of the loss.
Are all Accidents in Birmingham Claimable when they are Fatal?
Whilst no two cases of Fatal Accidents or wrongful deaths are the same, there are some unfortunately common types we deal with in Birmingham.
- 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 Birmingham?
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 Birmingham 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 Birmingham 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 – appointed by their Will – are responsible for filing a Fatal Accident claim, as well as managing their finances and assets. They claim on behalf of the deceased for the following damages:
- Pain and suffering
- Expenses occurred, such as probate (executry in Scotland) and funeral costs
- Damaged property
- Income lost, if the deceased wasn’t killed straight away
Dependants can also claim for losses incurred from the death of their loved one. This can include loss of financial dependency, as well as loss of services, funeral expenses, and a statuary bereavement award. Although who can claim what will depend, those who can claim are limited to the deceased’s immediate family (including stepchildren), spouse or long-term partner, provided they have been together for more than 2 years.
The executors need to claim before the dependants can, and the executors are given 6 months to file a claim before the family of the deceased can in adherence with Probate laws.
What evidence is needed for Accidental Death claims?
A coroner will need to investigate the deceased to determine cause, time, and probable place in Birmingham 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.
Fatal Accidents and going to court
It is rare that personal injury claims – even those for Fatal Accidents – go to court. Most are settled out-of-court, with the negligent party’s insurance provider awarding the compensation, rather than the company or person themselves. If the blame or damages are disputed, the case may go to court before an award can be given.
Will my claim require a criminal trial or Fatal Accident Inquiry?
Regardless of whether there is a criminal – or civil – case, a trial will not prevent you from claiming compensation for the Fatal Accident. Much like Criminal Injury Claims, a conviction, guilty or not, does not need to be reached for you to claim. Your appointed panel solicitor will be able to guide you through the process, however it ends up unfolding.
With Fatal Accident Inquiries (FAIs) if the wrongful death you’ve suffered necessitates such measures, we will be by your side throughout. An FAI typically happens when the Fatal Accident has implications that affect the health and safety of the public, but these are rare.
When does a Fatal Accident claim need to be submitted by?
Unless you have extenuating reasons for the delay in making your claim, you have 3 years to file for Fatal Accident compensation. After this point, the claim will be barred.
These types of claims are complicated and time-consuming, they can take years to settle. So, if you have a wrongful death claim you wish to make, call our Birmingham personal injury team on 0800 083 8358^ today.
What damages can you claim for a Fatal Accident?
- 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 Birmingham 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 0800 083 8358^. If you want to proceed your claim with us, we will appoint one of our panel solicitors for Birmingham to you. They will help you claim financial restitution, as well as justice for your loved one.
Make your Fatal Accident claim with our team today
Our friendly team of personal injury experts will make the process of claiming for a Fatal Accident in Birmingham as simple as possible. We know this is a complicated area of the law, so we’ll instead focus on what matters by supporting you through this difficult time. We’ll do this for you on a no win, no fee* basis, so you can get access to compensation without stressing about more than you already are. Call us on 0800 083 8358^ to get started.
