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Fatal Accident Claims Solicitors
Some of the most emotional claims that Bikelawyer deals with are those involving the death of a relative. Obviously, no amount of money can compensate you for your loss however we can help to ease the financial burden resulting from the death of a loved one, by helping you receive fatal accident compensation. If the death was as a result of someone else’s negligence, then you may be entitled to compensation.
Bikelawyer's fatal accident claims solicitors have recovered millions of pounds for those left behind after fatal motorcycle accidents and as bike claim specialists we have a track record of succeeding in claims even where others have been unsuccessful.
What is a fatal accident claim?
A fatal accident claim is a legal process in which the loved ones and/or family members of a deceased person aim to seek compensation for the loss and suffering they have endured as a result of a death caused by another individual’s negligence or actions. Also referred to as a wrongful death claim, it is a civil action that is pursued in the wake of a fatal accident to hold the party responsible accountable for their wrongful actions. The claimants, who are often those who were close to the deceased individual can include children, partners, parents, or relatives.
The objective of a fatal accident claim is to seek financial compensation for the loss of a loved one, including those emotional and financial. These can include the loss of companionship, financial support as well as emotional distress. When a loved one is lost due to someone else’s negligence or wrongful actions, the emotional and financial ramifications can be overwhelming.
Compensation that is obtained through a successful fatal accident claim can help provide a means of financial security during this emotional time.
In a fatal accident claim, the claimant requires legal representation to establish that the death of the deceased individual was caused by the wrongful actions, negligence, or breach of duty of care by another party. This can be a difficult and complicated progress that involves collective evidence, eyewitness accounts and expert testimonies, amongst other documentation to prove the liable party’s accountability.
What are the common causes of fatal accident claims?
Common circumstances that can lead to fatal accident claims can include vehicle accidents caused by reckless driving such as motorbike crashes, medical malpractice, workplace accidents due to safety violations and accidents caused by defective products.
At Bikelawyer, our fatal injury solicitors specialise in accidents involving motor vehicles, including fatal motorbike accidents. We are experts in this field and are dedicated to securing the maximum level of compensation for our clients.
Who can claim after a fatal accident?
A surviving spouse or a cohabitee in a long term unmarried relationship can make a claim. The cohabitee must have been living with the now deceased person for at least two years prior to the date of death. The claimant is required to prove this cohabitation, but this is usually as straightforward as providing a few utility bills or bank statements.
Those in a civil partnership will also be eligible to make a claim, or another party who had a financial dependency on the deceased, for example their children.
Our fatal accident claim solicitors have a detailed knowledge of fatal accident claims, and we will guide you through this difficult time with care and understanding.
What damages can you get from a fatal accident claim?
Fatal accident damages awarded can include an amount for the pain and suffering from the time of the accident to the point of death. This amount varies depending on the extent of the deceased’s awareness of the injuries sustained and their duration.
A claim can also be made for the actual financial losses such as funeral expenses and a bereavement award for the deceased’s spouse or parents.
It may also be possible to receive compensation for the loss of financial support resulting from the death, for example future loss of earnings into the household. This is particularly important where the deceased was the main breadwinner in the family, or if they had dependent children.
If there is a financial dependency claim the court will look at what the deceased would have earned, deduct an amount that the court deemed he or she would have spent on themselves, and the rest can be the subject of a claim.
What’s an inquest?
An inquest is a medical/legal enquiry held by a Coroner following a death which wasn’t the result of natural causes or a sudden death where the cause is unknown. It’s not a trial and the purpose of an inquest is to establish the identity of the deceased, when the person died, where they died and how the death occurred. If you need a more detailed guide to what to expect at an inquest one can be found here.
How can I prove the other driver caused the accident?
Making a fatal accident claim is more complicated than making a personal injury claim because in all civil law cases it is for the claimant to prove their case. A big part of that is usually the evidence of the injured party themselves. Because the deceased can’t give evidence in a fatal injury claim there is a far greater reliance on forensic evidence and expert reconstruction evidence based on evidence gathered by the police and eyewitness accounts.
How do I know if I have a claim?
Fatal accidents are a very specialist area of law, and our solicitors are experts in fatal motorcycle accident claims. If you think you might have a claim then give one of our fatal accident claims solicitors a call and we’ll be able to give you a free, no obligation assessment of any claim you might have.
Can I make a fatal injury claim on a no-win no-fee basis?
Yes. After we’ve spoken to you and you’ve told us what’s happened, if we think there’s good prospects of making a successful claim, we’ll act on a no-win no-fee basis.
From that point on you’ll have a dedicated, knowledgeable fatal accident claims solicitor to help you through the process. You’ll never be passed to secretaries or assistants and will always be able to reach your solicitor via their direct phone number.
When providing legal advice for fatal motorcycle accidents we will always be transparent regarding funding, and ensure that you understand the stages involved.
Is it worth making a claim?
While money can’t bring a loved one back, a successful fatal injury claims can secure the financial future of the people left behind.
We appreciate that the idea of making a claim can be daunting. Our fatal motorcycle accident claims solicitors take an empathetic approach, ensuring that you feel at ease when pursuing your claim, and that you are well aware of what to expect.
What is the time limit for making a fatal accident claim?
In general, the time limit for making a fatal accident claim is three years from the date of the deceased person’s death. This means that the claim has to be initiated within three years of the date of the fatal accident that resulted in a death.
However, there are certain exceptions to this rule, for example, if there are circumstances that could not have been reasonably known or discovered until after the initial three-year period, the limitation period may be extended. This is often referred to as the “date of knowledge” rule.
It's important to note that it is generally advisable to seek legal advice and initiate a fatal accident claim as soon as possible to ensure all necessary evidence is preserved, and to avoid any potential issues with the time limit.
Waiting until the last moment to pursue a claim may result in difficulties in gathering evidence and securing witnesses, potentially weakening the case. Therefore, if you believe you may have a valid fatal accident claim, it is best to consult with a fatal accident solicitor promptly to understand your rights and legal options.
Can you claim compensation for accidental death?
Yes, under certain circumstances, you can claim compensation for accidental death in the UK. The claim may also be referred to as a fatal accident claim.
Examples of where you may be able to pursue an accidental death claim, after having lost a loved one, include:
- Accidental death caused by a road traffic accident
- Accidental death as a result of medical negligence
- Fatal workplace accidents
- Public liability fatal accidents
What documents do I need for an accidental death claim?
When making an accidental death claim, you will need certain documents during the process. These include:
- The death certificate
- Original policy documents
- ID proof of the beneficiary
- Age proof of insurer
- Discharge form (executed and witnessed)
- Medical certificate (as proof of the cause of death)
- Police FIR (in case of unnatural death)
- Post-mortem report (in case of unnatural death)
- Hospital records/certificate (if the deceased died due to an illness)
- Cremation certificate and employer certificate (in case of early death)
Our fatal accident solicitors will be able to guide you through this process and help you compile all of the documentation and paperwork required.
Recent Bikelawyer cases have involved:
More than £1million for the widow of a biker fatally injured due to the negligence of an untraced driver who swerved into the motorcyclist's lane causing him to come off his bike.
£300,000 for the widow of a motorcyclist killed when a car driver negligently pulled out on the biker from a side road.
£300k obtained for the widow of a motorcyclist killed when a child’s skateboard went into the road. Compensation was obtained from the home and contents insurer.
If you would like to discuss a fatal motorcycle accident, one of our experts would be happy to assist you.