One of the most sensitive and difficult area of claims that we deal with is where there has been the loss of a loved one as a result of an accident. This is a devastating situation for the family and is extremely emotional and distressing. No amount of money can compensate for such a loss and the family can be lost in term of who to turn to. We at Clear Law are available to meet the families immediate needs and shall work with them with sympathy and sensitivity.
The first stage of this process will be to meet the family and seek their detailed instructions to work out their immediate, interim and long term needs.
The second stage may be to attend an inquest following the death on behalf of the family. This process is extremely daunting and distressing for the family as they will have to listen to all the evidence surrounding the death. It is a legal enquiry by the Coroner into the medical cause and circumstances of the death and is always held in public. It will only deal with who has died, when and how they died and often families are left with more questions than answers following the inquest. It is therefore important that support is provided throughout the process.
A fatal accident claim is usually made up of two parts:
The 1st part is the claim on behalf of the person who has died and is brought in the name of their estate. It will include compensation for any pain and suffering experienced along with any out of pocket losses that have flowed from the accident. It will also include funeral expenses.
The 2nd part of the claim is brought under the Fatal Accidents Act 1976. This is brought on behalf of any people who were financially dependent upon the person who has died. Dependents include husband or wife, former husband or wife, Civil Partner or former Civil Partner, children, parents, grandchildren or grandparents. In addition to the financial dependency on any income from the deceased, it can also include other dependencies such as household duties, DIY, child care and gardening and will also include funeral expenses.
In addition to the dependency claim, there is also a payment for bereavement damages to the spouse or the parents of a child under 18. This is a notional sum and for any death on or after 1st April 2013 is £12,980.
We shall seek to set up a team in the case to make sure that our clients are receiving the best possible advice as early as possible. This will include an experienced Barrister and a team of experts in the appropriate disciplines and experts in the field of welfare benefits. At the conclusion of the case we shall also assist our clients and their families by introducing them to independent financial advisers to discuss and advise upon the investment of their damages for the best returns and to help provide the best future income for the client.
We feel it is extremely important that our clients understand that they are not alone in this process and once you are a client of Clear Law, you will always be a client of Clear Law, even beyond the conclusion of the case.
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