download 5 - Fatal Accidents

Fatal Accidents

The loss of a loved one is one of the most difficult situations in life we have to face, and the thought of bringing a claim for compensation at this time is a difficult one.

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Compensation Following a Fatal Accident

The loss of a loved one is one of the most difficult situations in life we have to face, and the thought of bringing a claim for compensation at this time is a difficult one.

You may be considering a claim following the loss of a partner, parent or child. You or somebody else may have been dependent upon that person and it is important that you receive the right advice before making a claim.

Poole Alcock Solicitors specialise in handling injury claims following serious and fatal accidents and can explain all the relevant options available to you.

If you were financially dependent on the deceased, you can claim for loss of financial support, provided you can prove that you relied on the deceased and their financial support would have continued had the deceased lived. Those who are entitled to claim are limited and broadly include a spouse or civil partner, a cohabitee, parents, grandparents, brother, sister or uncle of the deceased and their children.

For a widow with young children, the compensation is calculated by reference to the annual value of dependency that the deceased provided. For example, mortgage payments, housekeeping money, utility costs, school fees, holidays and clothes for dependents would be taken into account.

A spouse or civil partner of the deceased or the parents or a mother of a child under 18 years can also claim bereavement damages.

If you decide to instruct us to act on your behalf then we will endeavour to progress the claim quickly and efficiently with a view to avoiding any additional and unnecessary distress at this difficult time.

Time limit

Court proceedings must normally be commenced within 3 years of the date of the accident. However, if a person should die at a later date as a result of the injuries sustained in the accident, then the 3 year time limit will run from the date of death.

If court proceedings are not commenced within the 3 year period then the claim will be out of time. Although a court does have the discretion to allow court proceedings to be commenced and to continue after the 3 year period has expired this must not, and cannot, be relied on.

The 3 year period is different if, for example, the person who sustained injury was under 18 years of age at the time of the injury. A member of our team will be happy to discuss with you how this will impact on the claim.

Funding your claim

If your claim has reasonable prospects of success then we will be happy to act for you on a ‘No Win, No Fee’ basis. We will make enquiries to ensure ‘No Win, No Fee’ is appropriate to you. We will be happy to discuss other funding options with you.

Free consultation

If a loved one has died following an accident which was caused by a third party, please do not hesitate to contact our specialist injury team. We will be happy to help and provide free initial advice.

There is no obligation to make a claim – you decide whether or not you wish to go ahead.

Poole Alcock’s personal injury department in Cheshire is accredited by the Association of Personal Injury Lawyers (APIL) and our expert solicitors include members of the Law Society Personal Injury Accreditation Scheme and APIL Senior Litigators.

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