Fatal accident and injury compensation claims

Start by seeking advice from one of our specialist injury solicitors. The initial consultation is free and will help you understand whether your claim is likely to have a positive outcome for you. In reality, not every claim is worth pursuing – some cases are simply too complicated or expensive and have a poor chance of success.

During your consultation, we learn about your case and outline our plan to achieve the best possible outcome for you and your legal case. There is no obligation to go any further after this initial meeting.

Claims can be brought by:

• Husbands, wives and civil partners of the deceased (including former spouses or civil partners)
• Partners who had cohabited for at least 2 years at the time of the incident
• Children and step-children
• Siblings
• Parents (or those who were treated by the deceased as a parent)
• Grandparents

It’s important to consider how you’re going to pay your legal expenses especially as the cost of pursuing a fatal accident or injury claim can be high. We will advise you, at the outset, on all funding options, so you can make an informed decision as to which you prefer.

For most injury claims, we can use a no win, no fee agreement (also known as a Conditional Fee Agreement) to fund your claim. In most successful claims our costs can be recovered from the insurer of the person/organisation liable for the fatal injury.

Before you embark on your claim, we will talk you through:

• The potential cost of pursuing your injury claim
• What percentage of these costs you might get back
• What funding options are available to you.

The law about what compensation can be claimed in this situation is complex but our specialist injury solicitors have significant experience and will guide you through the process. What can be claimed often depends on the age of the person who has died, whether that person had any children, the type of family relationships and the level of financial dependency. Our lawyers will be able to advise you fully about your entitlement to compensation following a fatal injury or accident.

Wherever possible, your lawyer will seek early interim payments of compensation in the hope of alleviating financial pressure. They will also work closely with expert colleagues to help with probate and estate issues.

Fatal accident or injury claims can include:

• Compensation for pain and suffering. This is applicable where the death is not an
• Expenses and loss of earnings – where the victim of the accident or injury did not die immediately, claims can be made for medical fees, the cost of care, loss of earnings if you are unable to work and other reasonable expenses.
• Bereavement award – for the spouse or parent of the deceased (under the Fatal Accident Act 1976). This is currently £12,980.
• Dependency claim – which takes into account the loss of income of the deceased, loss of pension provision, employment benefits (eg. bonuses and healthcare) and loss of contribution to family/household activities eg. DIY, gardening and property maintenance etc.
• Funeral expenses

The length of your compensation claim could take will depend on many factors, such how the death occurred and whether you are suffering financial problems as a result. Your solicitor will give you a better idea of the likely timescale for your settlement once they have investigated your claim. If necessary, they can seek to obtain interim payments to cover your immediate financial needs and ongoing expenses.

The success of your compensation claim can be dependent on your choice of solicitor. If you are worried about how your claim is being handled, we would advise that you first raise any concerns with your current solicitor.

Then, if your issues cannot be resolved and you would like to change solicitor, we’d be happy to discuss your claim with you. If you transfer your injury claim to us, we can obtain your file from your current solicitor to help avoid any further delays in your case.

All Clarke Willmott’s injury lawyers are specialists in their field. Our partner led service ensures you will always receive the best possible advice. We also ensure there is always someone on hand to update and advise you on your case.