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Fatal Accident Claims

Fatal accidents can leave families devastated, not just emotionally at the loss of a loved one but financially, particularly if the relative was the main earner in the family.

We know at Dutton Gregory that these types of claims need sensitive handling; that the family may find it very difficult to cope with or even think about making a claim.  But sometimes it is necessary to do just that and here at Dutton Gregory our specialist personal injury lawyers will sympathetically guide you through what can only be a very difficult time.

We have dealt with many fatal accident claims over the years and therefore have the knowledge and experience to see the claim right through to the end. 

The law relating to fatal accidents is complicated.

There are two kinds of claim; under the Law Reform (Miscellaneous) Provisions Act 1934 and under the Fatal Accidents Act 1976.

Under the 1934 Act it is possible to claim compensation for the deceased in respect of any pain and suffering that they suffered before they died.  A financial claim can also be made for any losses that the deceased incurred from the date of the accident until the date of death.  A claim can also be made for the funeral expenses which can also be brought under the 1976 Act.

Under the 1976 Act the claim is brought by the dependants of the deceased for the loss of financial support.  Only one action can be brought for all dependants and that is why specialist knowledge is required in this area of the law.

Only certain members of the family can pursue a claim and these include:

  • The wife or husband or former wife or husband who has lived with the deceased for more than two years prior to death       
  • Civil partner of the deceased       
  • Children       
  • Parents        
  • Any person who was treated by the deceased as a parent or child       
  • Grandchildren and grandparents

Under the 1976 Act there are three main heads of claim:

  • The value of any financial and/or other services provided by the deceased       
  • Funeral expenses       
  • A claim for bereavement damages, which is set by law and currently stands at £11,800

The rules relating to what can be claimed are complex and very different to ordinary personal injury claims.  It is therefore essential that you take expert advice from Dutton Gregory’s team of highly skilled lawyers.  We will ensure that any fatal accident claim is dealt with compassionately and with sympathy.  Please call us today on 0800 0901499.