01264 353411 info@bsandi.co.uk

I have recently lost a loved one in an accident. Where do I stand on making a claim?

Jul 10, 2015

Losing someone you love in an accident is devastating for you and for your family. There will be the emotional impact to contend with, but alongside that, you will have the stress and worry about how you and your family will cope financially.

Depending on the circumstances of the accident, particularly if someone else was to blame, you could make a claim under the Fatal Accidents Act 1976. You can use the legislation provided by the Fatal Accidents Act whether your loved one died in an accident at work, in a road accident or perhaps as a pedestrian.

The Fatal Accidents Act provides for a claim to be made by the dependants of the person who died. A dependent is defined widely and several categories of people may be able to claim.

There are three parts of compensation to the Fatal Accidents Act – they are:

  • bereavement damages claim
  • financial dependency claim
  • services dependency claim

These individual parts allow you to make a claim which comprises of the support you are now without since losing your loved one.

Bereavement damages is an amount set by the government and can only be claimed by a spouse or civil partner, the parents of a child who is legitimate or the mother of an illegitimate child. The amount is currently set at £12,980.

Financial dependency claims consider the income that was being generated by your loved one before they died. This includes overtime, bonuses and any pension schemes. A number of calculations are carried out based on life expectancy of an average person and the amount is decided.

Finally services dependency claims focus on contribution to running the household. This could include cleaning, childcare and many other items. 

If there is a delay between the date of the accident and the death of your loved one, you may also claim compensation for the injuries and their suffering between the date of the accident and their death and their funeral expenses using another piece of legislation called the Law Reform Act 1934.

By getting specialist legal advice, you can be sure that you can get the help and support you need to get the compensation to help you and your family cope financially whilst you learn to deal with your loss.

Call Richard Gregory now on 01264 325811 to discuss your circumstances with a specialist fatal accident solicitor. If you would prefer to contact us online, please fill in the enquiry form on our website or alternatively, please email litigation@bsandi.co.uk and a member of our personal injury team will be in touch with you shortly.


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