Fatal Accident in Aberdeen Claims
Losing a loved one is hard enough, but when it’s at the hands of a negligent party, grief turns to anger, confusion, and stress. When people important to you suffer a Fatal Accident, the consequences don’t end with them, they ripple across the whole family. Accidental deaths put a significant strain on the emotional and financial health of the entire family. Trying to hold those responsible to account can be almost impossible while trying to cope with losing another breadwinner, and/or suffering psychiatric distress from the death. This is where our legal experts for Aberdeen can help.
Claim for a fatal accident in Aberdeen with our legal experts.
We will seek to make sure your family are looked after through a compensation award that reflects your needs, and the mental support you need to keep your head above water. Contact us on 01224 980 625 to get a free case assessment and to hear how our no win, no fee* personal injury claims can work for you.
What Makes a Fatal Accident Claim?
When an accident in Aberdeen 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.
Are all Accidents in Aberdeen Claimable when they are Fatal?
The most common causes of Fatal Accidents aren’t always immediate, which is especially true of industrial diseases. The claims we deal with the most are:
- Road Traffic Accidents
- Workplace Accident
- Medical Negligence
- Stillbirths and Birth Injury
- Industrial Diseases
- Accidents in Public Places
- School Accidents
- Store Accidents
- Suicides whilst in psychiatric care
However, the wrongful death and Fatal Accident occurred in Aberdeen we make sure to treat your claim individually and give your family the closest support possible. This is especially important when the circumstances of the death aren’t clear, as we will tirelessly pursue compensation for you to make sure justice is done.
What is the Process for Making a Fatal Accident Claim?
Whilst no Fatal Accident claim is the same, there are several parts to the process that makes pursuing a claim difficult. Our Aberdeen team of personal injury experts will help you through this legal jungle to get you a successful compensation result.
Can Anyone Claim for a Wrongful Death?
The executors of the deceased’s estate – as appointed in their Will – are entitled to claim on behalf of them for the Fatal Accident. The damages they can claim include: pain and suffering, Executry, and funeral expenses, property damage, and loss of income, if the deceased didn’t die right after the accident in Aberdeen.
The deceased’s family can also claim for a variety of awards, such as loss of financial dependency, loss of services, funeral expenses, and a statuary bereavement award.
What evidence do I need to make a Fatal Accident claim?
After the coroner’s investigation into the cause and time of death, your appointed panel solicitor will be able to give context to the evidence. Such evidence could be photos and videos, such as that captured by CCTV, witness statements, and records in accident books.
With these combined, the solicitor will be able to determine who is at fault for the Fatal Accident, and how much the compensation ought to be awarded. When the negligent party accepts blame, a settlement may be reached, although if they do not, it may go to litigation.
Will I need to go to court after a Fatal Accident?
It is rare that personal injury claims – even those for Fatal Accidents – go to court. Most are settled out-of-court, with the negligent party’s insurance provider awarding the compensation, rather than the company or person themselves. If the blame or damages are disputed, the case may go to court before an award can be given.
Will there be criminal trials and Fatal Accident Inquiries?
Criminal trials for Fatal Accidents in Aberdeen can often take a long time, not just because of the way in which the UK courts operate. The good news is that you do not need to wait for a criminal trial to be closed or a conviction to be made before claiming. Much like Criminal Injury Claims, the compensation isn’t dependent on the verdict – guilty or not. The trail maybe a criminal or civil case, which in themselves have different processes because of different laws, but we’ll make sure you’re fully informed of your circumstances.
In the event of a Fatal Accident Inquiry – or FAI – this wrongful death would have been so severe that it has knock-on effects for health and safety across the country. National bodies, like HSE, are designed to enforce regulations to prevent accidents, with many of these coming about from serious injuries and deaths that lead to FAIs. If your case necessitates a FAI, your appointed panel solicitor for Aberdeen will guide you on all aspects of making this claim, and how it may affect your Fatal Accident claim.
What’s the maximum amount of time you can wait to make a Fatal Accident claim?
There is – like most personal injury claims – a time limit of 3 years in which you can file your claim. If after this point you decide to push on without extenuating circumstances, you will be barred from filing your Fatal Accident claim.
Wrongful death claims can take a couple of years to complete, so it is worth acting as soon as possible. If you feel you are ready, contact our Aberdeen team on 01224 980 625 now for a no-obligation discussion.
How much is a Fatal Accident claim worth?
Claims for Fatal Accidents will vary in value. This is due to how the deceased leaves their family behind, particularly when it comes to dependants. To make this easier for families who are waiting for their claim to settle, certain elements of the compensation package can be released earlier, such as funeral expenses. There are multiple factors taken into account when calculating the compensation award, such as:
Statuary Bereavement Award
Starting with the fixed compensation, the Statuary Bereavement Award is a lump sum designed to compensate the suffering of a lost loved one. This can be claimed by the spouse, civil partner, or cohabitation partner of the deceased. It can also be claimed by the parents of the deceased, if the child was younger than 18.
This Fatal Accident award is fixed to £15,120. That might seem like a low number for the cost of life, when other personal injuries, such as head injuries, can accumulate hundreds of thousands in compensation. However, like most accident claims, the compensation award is designed to fill the void left by the injury. In the case of wrongful death claims, the loss of earnings forms a larger part of the overall compensation package than this award.
Financial Dependency and Loss of Services
Financial dependency on the deceased is usually what amounts to the majority of compensation. Think how difficult it is to raise a family alone, and the lack of access that could bring to a child’s life. The loss of family earnings could be from salary, a pension entitlement or even business income. This part of the award can be claimed by anyone in the family financially dependent, such as those mentioned above, as well as children.
In a harder to quantify award for Fatal Accidents, Loss of Services looks to provide damages where the deceased fulfilled a role that the family are now without. This could include childcare, where the surviving spouse would likely need to pay for instead of fill that role themselves. It can even include roles such as DIY, managing finances, shopping, animal care, and gardening. This part of the compensation package will look to determine what quality of life is missing and affix a value to it.
Funeral Expenses and Probate Costs
It’s no secret that dying is expensive. But when the deceased is lost to another party’s negligent actions, it isn’t fair that the family should suffer such an expense, along with the emotional cost of grief. The compensation award will cover the funeral, and associated costs – but not the wake/memorial held in Aberdeen.
Executry, or Probate in England and Wales, can be an expensive part of the process of dealing with your loved one’s estate, depending on your choice of solicitor, and particularly if they had a complicated estate to manage. Your compensation award can cover the costs of this legal process, which again, wouldn’t be needed without the Fatal Accident.
General Damages and Financial Expenses
Like most personal injury claims, there is an element in the compensation packet that covers the pain and suffering experienced by the deceased, as well as loss of amenity, if they did not die immediately.
In this event, financial expenses may also be claimed. This could be for travel to the hospital, the lack of earnings during the deceased time spent in hospital before death, or any other expenses accrued.
Care and support for the deceased
If, like the above, there was a period of time that you had to provide care for the deceased after their Fatal Accident or wrongful death, then you can claim for Gratuitous Care and Support.
Loss of intangible benefits
Perhaps the hardest of awards to quantity, but by no means the least important, is the loss of companionship as a result of the Fatal Accident. Love is by no means an easy thing to find and is certainly not replaceable. It’s for this reason, that more intangible benefits can be awarded for the absence the loss of a loved one leaves in your heart, rather than just your wallet.
Estimate for Fatal Accident Compensation
As a whole, the entire package of compensation for Fatal Accidents is particularly difficult to assess. This is why we make no attempt to guestimate a generalised figure for all people. We instead provide a no-obligation claim assessment for cases in Aberdeen to determine how much compensation you are due depending on your unique circumstances. Call us on 01224 980 625 to speak to a friendly expert.
It’s more than the money
Beyond the obvious benefit a compensation award brings to your family, the justice a penalty or criminal conviction can bring matter significantly to easing the grief. It is our aim to use our Aberdeen panel solicitor’s talents to see negligent parties brought to justice for your suffering. If they are suitable reprimanded, it may help to save the lives of others.
Make your Fatal Accident claim with our team today
When dealing with something as tragic as losing a loved one to a Fatal Accident, it’s important that you have an empathetic legal team by your side. By contacting us, you’ll be speaking to personal injury experts, who will explain in plain English your case and what compensation you could be due. Call us on our Aberdeen line – 01224 980 625 – to get started.
