Death and Fatal Accident Claims in Glasgow
If a Fatal Accident has killed a close family member of yours, you need a legal team who will give you the friendly support required. As well as bringing those responsible to justice with the full force of the law.
Get compensation for a fatal personal injury in Glasgow.
Our Glasgow personal injury solicitors will tirelessly pursue damages for your family to make life without them that much more bearable. Contact us on 01418 465 957 to get a free claim assessment and hear about our no win, no fee* compensation offer. Call today.
Fatal Accident Claims – What Are They?
A Fatal Accident claim can be brought when someone you love dies in Glasgow because of the negligence of others. This can be from an individual, or an organisation. The aim of the claim is to hold those responsible for the Fatal Accident to account, as well as provide the family with compensation to ease the burden losing a family member can have on their finances.
Which Types of Accident are Considered in Fatal Accident Claims?
If any type of accident that is the result of a negligent party leads to a death, be it instant or delayed – such as when in a coma – then a claim can be brought. However, not all wrongful deaths in Glasgow occur because of accidents. Many industrial diseases can result in death, especially when developed overtime. Medical negligence is also a potential cause. The leading cases of wrongful death claims are:
- Road Traffic Accidents, namely Car Accidents
- Workplace Accidents, especially falls from height
- Medical negligence, including birth injury and stillbirth
- Industrial Disease, such as Mesothelioma and Lung Disease
- Public Place Accidents
- Suicides whilst in psychiatric care
Whilst the circumstances of the wrongful death can vary dramatically, when you claim with us, we will take the time to understand your individual case and provide your family the best support possible. Even if the cause of the Fatal Accident is unclear, we will work tirelessly to see that you are compensated for your loss, and those who acted negligently are punished for their actions.
What is the process to claim for a Fatal Accident?
When making a Fatal Accident claim, you’ll need the help of our personal injury solicitors to navigate this involved process. We’ll guide you on the important who, when, and what questions whilst keeping the jargon light.
Who can Bring a Claim for a Fatal Accidental?
Fatal Accident claims need to be brought by the executors named in the deceased’s will (if there was one) as they have a legal obligation to manage the estate of the deceased. Dependants of the deceased are also entitled to claim. However, they are only able to do so 6 months after the date of death if the executors decide not to pursue a claim. All parties wishing to claim should do so at the same time.
When claiming on behalf of the deceased lost in the Fatal Accident, executors can seek compensation for: pain and suffering, funeral costs, executry (probate in England and Wales) costs, property damage, and loss of income – if they weren’t immediately killed in the accident in Glasgow.
Dependants of the deceased can claim for loss of financial dependency when losing a family breadwinner. They can also claim for loss of services – including childcare – as well as a statuary bereavement award. Dependants are anyone in the deceased’s immediate family, as well as stepchildren. Spouses and long-term partner – if they were living together for more than 2 years.
Evidence requirements for Fatal Accident claims
After the coroner’s investigation into the cause and time of death, your solicitor will be able to give context to the evidence. Such evidence could be photos and videos, such as that captured by CCTV, witness statements, and records in accident books.
With these combined, the solicitor will be able to determine who is at fault for the Fatal Accident, and how much the compensation ought to be awarded. When the negligent party accepts blame, a settlement may be reached, although if they do not, it may go to litigation.
Fatal Accidents and going to court
It is rare that personal injury claims – even those for Fatal Accidents – go to court. Most are settled out-of-court, with the negligent party’s insurance provider awarding the compensation, rather than the company or person themselves. If the blame or damages are disputed, the case may go to court before an award can be given.
Will my claim require a criminal trial or Fatal Accident Inquiry?
You may find that your loved one’s Fatal Accident arises the need for a civil, or criminal trial. Should this happen, we will help you throughout the process – what with different one’s for the type of trial. The important thing to bear in mind is that a conviction does not need to happen for your compensation claim to proceed. The justice a criminal trial could bring to your family is incalculable, but at least you can be supported financially before it gets to that point.
In the event of Fatal Accident Inquiries – or FAIs – these only take place when there are wider ramifications for public safety brought to light by this wrongful death. In this situation, we will be at your side throughout to guide you through the FAI and inform you of what that could do to your claim, if it hasn’t been settled yet.
What are the time limits for making Fatal Accident claims?
You have up to three years to make your claim for the Fatal Accident. After this point, you will be forbidden from claiming, unless there are exceptional circumstances.
It can take some time to settle a claim of this nature, because of the inherent complexities that come with a wrongful death. We suggest you call our Glasgow team as soon as possible to get access to compensation. We’re available on 01418 465 957 and you can speak to us under no-obligation.
How much can I claim for a Fatal Accident?
Fatal Accidents are a little harder to calculate than other personal injuries because they need to take into account what the deceased would have earned for the family. And because there are more costs associated with one’s passing, many of these awards can be claimed before a settlement to alleviate those pressures. The following is a list of the type of damages a Fatal Accident can be awarded:
- General Damages. General damages are the compensation for the pain and suffering felt by the deceased – much like personal injury claims. If there was also a loss of amenity – such as in the event of a coma – in the lead up to the death, this can also be claimed for too.
- Financial Expenses. If there was a delay in the time between the Fatal Accident in Glasgow and the passing, it is likely your family will have accrued expenses. These can be from hospital visits, providing care or any other expense in the event of the incident.
- Funeral and Probate Expenses. It’s not news that funerals in the UK are expensive. As part of your compensation package, the funeral will be covered – except for the wake – by the negligent party. Because there is a lot of legal work involved in tying up an estate, Probate (Executry, in Scotland) is required and will also be covered.
- Statuary Bereavement Award. The surviving partner will be awarded a fixed sum of £15,120. This is to accommodate for the grief of losing their spouse.
- Financial Dependency. The loss after a Fatal Accident doesn’t just culminate in grief. There will likely be a substantial deficit in household income from their passing. The dependants of the deceased will receive compensation to reflect the lack of finances they would have provided.
- Loss of Services. There is also value that the deceased brought to the household beyond financial. These can include – for example – childcare, shopping, and DIY, things would incur costs without their involvement.
- Intangible Benefits. There is also a financial acknowledgement of the loss of love after the wrongful death. Whilst it’s difficult to quantify, and by no means a measure of the love itself, the award is aimed at expressing remorse for the loss of something intangible, but very much there.
All of these elements combine to make up the compensation for the Fatal Accident, and the complexity of them is why we don’t offer an online calculator. Instead, we offer our claim assessments under no-obligation to you. That way, you can get an accurate estimate based on your circumstances from an expert by calling 01418 465 957. We will help you claim financial restitution, as well as justice for your loved one.
Claim for a Fatal Accident with our team today
Our friendly team of personal injury solicitors will make the process of claiming for a Fatal Accident in Glasgow as simple as possible. We know this is a complicated area of the law, so we’ll instead focus on what matters by supporting you through this difficult time. We’ll do this for you on a no win, no fee* basis, so you can get access to compensation without stressing about more than you already are. Call us on 01418 465 957 to get started.