Fatal Accident Claim in Durham
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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.Personal Injury Claim Lawyers in Durham
If you have suffered an injury which wasn’t your fault, you should consult a specialist personal injury lawyer. The effects of an injury can be wide ranging and more than your legal rights are involved in determining your eligibility for, and amount of, compensation. For this reason, a lawyer requires a combination of legal and medical expertise, and most personal injury lawyers will have built up a list of useful contacts and barristers’ chambers to call on when specialist advice is required.How can I recognise a specialist personal injury lawyer?
In the first instance, check that your lawyer’s firm includes lawyers who are accredited members of the two principle legal bodies in this field; the Association of Personal Injury Lawyers (APIC) and the Law Society’s personal injury panel. You should also ask if they have lawyers who belong to associations for the specific injury your claim is about – for example the Spinal Injuries Association or the Headway Panel.
You should also ask your lawyer about their record in personal injury claims. Can they give you any case histories of successful claims similar to yours?
How can I pay the lawyer’s bills for my personal injury claim?
With the exception of medical negligence, legal aid is generally no longer available for personal injury claims. This means you will have to agree payment with the lawyer yourself. Fortunately, lawyers are able to act on a Conditional Fee (“No Win, No Fee”) basis. This means your lawyer bears the cost of the claim until you have been awarded compensation. Depending on the type of agreement you have, your lawyer will then either claim his fees from your opponent, or take a percentage of your compensation as a “success fee”.
Will my lawyer charge me for costs if I lose my personal injury claim?
Before agreeing to work on a conditional fee basis, a competent personal injury lawyer will assess the merits of the claim. If you and your lawyer decide to proceed you may have to take out an insurance policy to cover both your and your opponent’s lawyers’ fees in the event that you lose your claim.