Fatal Accident Claims in Bolton
A Fatal Accident is something you can only hope to be a nightmare. Unfortunately, the reality for your family is all the more difficult. Emotional damage, financial strain, and anger at those responsible for the death. We can help alleviate the pressure you feel with our legal experience.
We can help you claim for an accidental death with our expert legal team.
If you want to bring a claim for personal injury compensation, our Bolton team will do their utmost to see your family are supported through every aspect of your new reality. Contact us now on 01204 802 050^ to start your claim and get the justice your loved ones deserve.
What Makes a Fatal Accident Claim?
When an accident in Bolton 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.
Which Types of Accident are Considered in Fatal Accident Claims?
Whilst no two cases of Fatal Accidents or wrongful deaths are the same, there are some unfortunately common types we deal with in Bolton.
- 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 the Process for Making a Fatal Accident Claim?
Fatal Accident claims are by no means simple cases, even when blame is obvious. This is because there are a number of complex elements to a Fatal Accident claim, including who can claim, when they can do so, evidence, criminal trials and inquests. Our Bolton personal injury experts will help you navigate this process.
Who can Bring a Claim for a Fatal Accidental?
Claims for Fatal Accidents tend to be brought by the executors of the deceased’s estate – when there is a Will – and their dependants. As executors are responsible for dealing with the property, assets, and money of the person who has died, they also need to pursue any legal matters on their behalf. When it comes to damages for the wrongful death, they can claim – on behalf of the deceased – for:
- Pain and suffering the deceased likely experienced
- Expenses occurred, such as funeral and Probate (or Executry in Scotland) costs
- Damaged property
- Income lost, if the deceased didn’t die right away
Other individuals are also able to claim for loss of financial dependency or loss of services as a consequence of the Fatal Accident:
- Current or former spouse/civil partner
- Current cohabitating partner of at least 2 years
- A parent of the deceased
- A child – or stepchild – of the deceased
- Other nuclear family members, such as siblings
Claims should be filled by all those involved at the same time. If, however, the executors do not pursue a claim for Fatal Accident compensation, the deceased’s relatives/dependants can claim separately after 6 months.
What evidence is needed for Fatal Accident claims?
The most significant piece of evidence will be from the coroner, who will determine cause of death and likely time and location of the Fatal Accident. Should this information point to foul play or negligence, your panel solicitor for Bolton will gather evidence to support your claim. This may be records in accident books, visual evidence – such as photos and CCTV – witness statements and anything to determine a history of negligent behaviour.
If at this point the party considered to be at fault accept liability, a compensation award will be offered. Should they not, however, the case may require the courts to intervene.
Do I need to go to court for a Fatal Accident claim?
There’s a slim chance that your Fatal Accident claim will end up in court, although not impossible. Should the negligent party deny blame or disputes the desired compensation, litigation may help to settle the disagreement, so a suitable award can be given.
Will there be a criminal trial or Fatal Accident Inquiry?
If you need to take part in a criminal, or civil, case, our panel solicitors will help guide you through the particular process – dependent on your unique situation. However, it is important to bear in mind that like Criminal Injury Claims, a verdict is not needed to pass before you make a claim.
And if your case goes to a Fatal Accident Inquiry, we will be there to guide you through the complexities of such a situation. We’ll let you know how it might affect your Fatal Accident claim, and what you will need to prepare for.
How long do I have to make a Fatal Accident claim in Bolton?
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 Bolton personal injury team on 01204 802 050^ today.
How much compensation can I claim for a Fatal Accident?
The compensation awards for Fatal Accidents vary significantly from person to person. This is because of the individual’s personal circumstances, the costs incurred by their passing, and the financial gap they leave behind. Some of these awards can be claimed early, to take off the pressure of paying for things like funerals. The following is an outline of the types of damages you can claim for:
Accidental Death 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.
Fatal Accident 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.
Accidental Death 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.
Fatal Accident 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.
Accidental Death 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.
Fatal Accident 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.
Accidental 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 01204 802 050^ and if we feel you have a claim for the wrongful death, we will appoint you a Bolton 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.
Make your Fatal Accident claim with our team today
You need to make sure your Fatal Accident claim is handled by a team of empathetic experts, and we have the Bolton team to do that. Call us on 01204 802 050^ to start your claim on a no win, no fee* basis today.