Making A Claim: Fatal Accidents
The death of a loved one due to a medical or other fatal accident is devastating. It goes without saying that no amount of money can ever compensate the family of the deceased for the tragic death of the loss suffered.
Legal assistance may, however, be able to provide guidance to the loved ones and help to ease the financial difficulties of the dependents.
There are two pieces of legislation which govern who can make a claim and the compensation that can be claimed following negligent or fatal accidents. The two acts are:
- The Fatal Accidents Act 1976
- The Law Reform (Miscellaneous Provisions) Act 1934.
The Fatal Accidents Act 1976
Damages under the Fatal Accidents Act 1976 are payable only to dependents of the deceased and the list of those who can claim is limited. A claim can be made for the loss of the financial support provided to the dependents by the deceased. This may include a claim for the loss of the deceased’s earnings, domestic services and DIY and maintenance. There are other heads of financial support that can be claimed by a dependent and such cases need to be investigated thoroughly at the outset
The categories of persons entitled to claim bereavement damages under this Act (i.e.; compensation for the actual death of the loved one) are even further restricted and the amount payable is set by the government in statute and amended periodically. The amount payable for any claim after 1 May 2020 is £15,120.00.
The Law Reform (Miscellaneous Provisions) Act 1934
The Law Reform (Miscellaneous Provisions) Act 1934 allows those who are entitled to bring a claim on behalf of the Deceased’s estate to pursue a claim for damages in relation to certain heads of loss. Such a claim can include damages for the pain, suffering and loss of amenity the Deceased endured from the negligent act to their death. It can also include the funeral expenses incurred by the estate and any financial losses the deceased incurred, again from the date of the negligent act causing the injury until their death.
The damages recovered by the Dependents under the Fatal Accidents Act 1976 are payable to them. The damages payable to the estate under any Law Reform (Miscellaneous Provisions) Act 1934 claim are distributed and payable to those entitled to receive the monies on the deceased’s death, namely the beneficiaries named in the deceased’s will, or those entitled on their intestacy in the event there was no will.
A claim due to a fatality will normally be brought by the executor of the deceased’s estate appointed in their Will or the Administrator of the estate appointed in the event of an intestacy.
Strict timelines apply in relation to the making of such a claim and legal advice should be sought early on.
How Can Timms Help?
At Timms we specialise in representing the dependents and the estate of those involved in fatal accidents. Please contact our team for a free initial discussion on 01283 214231 or email a.sharman@timms-law.com.
November 2023