Fatal incident: A guide to compensation

Transcription

1 Fatal incident: A guide to compensation

2 page 1 Contents Introduction 2 Who can bring a claim 3 When to instruct a solicitor 4 Bereavement award 5 Dependency claim 6 Probate 7 Funding 8

3 page 2 Introduction A bereavement can be a life changing event. If you are bereaved you require the highest standard of legal representation to help you try to come to terms with what has happened and secure the highest possible quality of life. At Moore Blatch solicitors we have a specialist team that understands this and is dedicated to pursuing compensation claims on behalf of the families of those who are killed in fatal incidents whether on the road, at work or elsewhere. We work all over England and Wales. We are happy to meet you at your home. We also provide advice on the inquest.

4 page 3 Who can bring a claim The process of claiming compensation at this most difficult time can be complex, time consuming and understandably distressing. The specialists in our fatal incident team will use all of their skill, knowledge and professionalism to ensure your claim is dealt with as quickly, simply and problem-free as possible. Our team is experienced in pursuing compensation claims following a fatal incident on behalf of: A husband or wife, or former husband or wife of the deceased A person who was living with the deceased as husband or wife for at least two years prior to the death A parent or other dependent of the deceased A person who was treated by the deceased as his or her parent A child or other dependent of the deceased A civil partner or former civil partner of the deceased

5 page 4 When to instruct a solicitor It is important to realise that most claims for compensation are subject to strict time limits. The safest assumption, when the death was immediate, is that a 3 year limitation period runs from the date of death. This can change where the deceased survived for a time after the incident that eventually caused the death. If the incident occurred whilst death on water or in the air these are usually subject to a 2 year time limit. An application to the Criminal Injuries Compensation Authority is subject to a 2 year time limit. In all cases the bereaved family should take early professional legal advice from a qualified solicitor specialising in this area to ensure that they are not out of time to bring a claim. Access to early legal advice can often lead to determining whether there is liability against the defendant and, if so, securing from the defendant (usually through an insurer) early financial payments ( interim payments ) to alleviate some of the financial burden that often occurs following these incidents. The first interim payment is usually to reimburse funeral costs. Additionally, a solicitor will often, with the bereaved, attend the Inquest and provide welcome legal representation and support.

6 page 5 Bereavement award In cases of death, The Fatal Accident Act 1976 introduced a statutory claim for bereavement in respect of the death of a limited class of close relatives. This is different to a claim for dependency that is a separate claim that we will touch upon later on. The bereavement award is 12,980 for deaths after the 1st April The award is only payable to the benefit of the following: 1. the husband or wife or civil partner of the deceased; 2. where the deceased was a child who was never married/civil partner then payment to his parents if he was legitimate, or his mother if he was illegitimate. The following are excluded from the bereavement award: 1. A former spouse or former civil partner of the deceased 2. If the deceased was above 18 of age but not married then no one will receive the award 3. Cohabitees cannot recover a bereavement award 4. The father of an illegitimate child also cannot claim.

7 page 6 Dependency claim Following death, it is frequently the case that persons ( dependents ) who relied, prior to the death, upon the deceased financially can bring a claim subject to them meeting certain criteria. The Fatal Accidents Act 1976 sets out in section 1 (3) the definition of who is a dependent and might be eligible to bring a claim against the defendant. Our solicitors will carefully go through with you the criteria to identify all potential dependants and provide appropriate advice as to what can be claimed. Those who are dependents must show a loss and demonstrate a reasonable expectation. The Law Commission Report N261 summarised the position as follows: The type of loss that can typically give rise to a claim include: 1. Loss of income. This includes loss of the prospect of earned income. 2. Loss of gratuitous services provided by the deceased 3. Loss of fringe benefits, e.g. company car 4. Loss of gifts which were anticipated 5. Losses incurred because of death 6. Funeral expenses if paid by someone other than the Estate damages awarded under the Fatal Accident Act 1976 generally compensate the loss of any non-business benefit that the claimant reasonably expected to receive from the deceased had the deceased continued to live. Thus damages under the Act may provide compensation for the loss of money brought into the household by the deceased, for the loss of gratuitous services performed by the deceased, (including domestic work) and for the loss of fringe benefits, such as a company car.

8 page 7 Probate If a loved one has died then before an insurance company will pay money out to the Estate for certain categories of loss they will require a grant of probate where the person died had a will, or letters of administration if there is no will. At Moore Blatch Solicitors we have a specialist probate team who liaise closely with our fatal incident team, and can be instructed separately by you to obtain for the family the appropriate document.

9 page 8 Legal costs Our specialists offer a free, no obligation initial consultation where we will discuss the circumstances of your case with you. We will tell you if we believe you could pursue a claim and clearly explain your options to you, enabling you to make an informed choice that best suits you and your needs. We offer a No Win, No Fee funding arrangement because it provides a riskfree way to pursue compensation. If your claim is successful you will receive compensation and the defendants insurance company will pay the majority of our costs. If the claim fails then you have nothing to pay. You might already have insurance cover to pay for the case, although you may not be aware of it. Many household, trade union and motor insurance policies actually provide cover to pay for a case such as this. Our team of experts will closely examine your existing policies and advise you on the best way to fund the claim, helping you make the right choice and ensuring you have complete peace of mind.

10 ABOUT US We are a leading law firm offering a full range of commercial and private client services with particular expertise in the fields of: Personal Injury Community care Court of protection, wills & trusts Probate Family Clinical negligence Employment claim@mooreblatch.com The information in this leaflet is correct as at January Moore Blatch LLP is authorised and regulated by the Solicitors Regulation Authority Please note that the information contained in this leaflet is provided for guidance only and should not be relied upon as a replacement for legal advice. You should talk to a qualified solicitor about your specific circumstances.