Fatal Accident Claim in Derbyshire
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A fatal accident claim is a special and complex type of injury claim. It is especially different in that you would have to show how you personally have suffered loss as a result of the victim’s death. Considerable expertise is required on the part of the solicitor who handles fatal accident claims, so you should take great care in choosing one.
Can I claim for a fatal accident?
There are two aspects to qualifying for compensation due to fatal accident.
Firstly, You must show that the person killed would have been eligible for compensation themselves. I.e. they died as a consequence of someone else’s negligence, and would have been able to claim damages if they had survived.
Secondly, you must be a dependent of the deceased and suffered loss because of their death. In brief, “dependent” includes immediate family such as parents, non-adult children, spouse or cohabitor. Your solicitor will be able to advise you on degree of dependency and your ability to claim.
How much can I claim for a fatal accident?
The amount of the award will depend entirely on financial loss. It will be assessed on such things as a spouse’s future income, benefits such as pensions and other entitlements, and anticipated gifts and services.Injury Claim in Derbyshire
What can I claim for injury?
Damages for injury are awarded under two aspects. The most immediately obvious effects of your injury are covered by “General Damages”. This part of your injury claim covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your injury claim will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your injury claim involves financial loss or additional costs. Under this heading will come loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for an injury claim?
If your injury claim is to succeed, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be able to win compensation.
Will a pre-existing condition nullify my injury claim?
On the contrary, compensation awarded for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.