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Sadly fatal injuries can occur in the most severe types of accident, of whatever type. There are many issues that need to be addressed by those loved ones who have been left behind. Inquests, death registration as well as making sure that adequate financial provision is made available from the insurers of those at fault, all need to be considered. Your solicitor will offer sympathetic and thoughtful advice on a range of issues that may confront you and will make sure that if compensation is available, adequate financial provision will be made wherever possible to close family members.
If, as a result of an accident, someone dies, then their family and friends will be extremely shocked and distressed. In all probability, claiming compensation will not be a priority - particularly in the early days following the death.
At some point, however, thoughts may turn to the question of a compensation. On occasions, claiming compensation may become a necessity if, for example, a child is left without parents or an adult is left without their bread-winning spouse or partner.
There are often very real and practical problems that need to be dealt with following such a traumatic loss, and we provide not only a professional and guiding hand to deal with these painful and upsetting issues, but also will provide all the legal help and assistance that our client requires at this difficult moment, such as:
- Guidance and legal representation through the Coroner's Court
- Dealing with the Police and their investigations and ensuring that those responsible are brought to account
- Recovering early interim payments to help in dealing with funeral expenses and to help pay the mortgage and bills etc
- Ensuring where possible that those grieving get what help can be provided in coming to terms with their loss.
A claim can only be brought if the person who has died would have been able to bring the claim had they not died. The deceased could only have brought a claim if they could have shown that someone else was wholly or partly responsible for their death. If there is no one at fault then there cannot be a claim.
Similarly, any defence which could have been used against the deceased can be used against someone making a claim following the death. If the deceased was partly responsible for the accident then the compensation that can be recovered will be reduced by the same amount it would have been had the deceased not died.
If you consider that you have a potential claim for compensation arising as a result of a fatal accident then do not hesitate to contact our offices for free legal advice.