Fatal Accident Claim
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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 Litigation
How can I begin litigation for personal injury?
You should consult a solicitor who specialises in personal injury litigation straight away. You can fill in the form on this site to send us details of your claim. It really is that simple.
What is the process for personal injury litigation?
Your solicitor will first discuss your claim with you in some detail. He will then make a preliminary assessment of the chances of litigation succeeding. If you both decide to proceed, he will then conduct a more detailed investigation. He may take statements from you and others who are involved, obtain medical records and assessments, and seek expert medical opinions on the case. He will also collect evidence to show how the alleged negligence contributed to your injury.
Your solicitor will then assess the claim again and advise you on the strength of your case and how best to proceed. Depending on the cause of the injury, there may be several avenues for litigation. Most commonly, those responsible for the accident will be sued in civil court. The case will be heard by a judge who will decide liability and, if you win, make an award of compensation.
What do I have to prove to make personal injury litigation worthwhile?
If your litigation 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 is a lesser degree of proof than a criminal case, and 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, a personal injury solicitor may well advise you proceed with litigation.
How much personal injury compensation can I win by litigation?
Amounts are determined on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. This has been built up over the history of personal injury litigation. Information is given on this site under individual types of injury.