Fatal Accident Claims Solicitors in Manchester

We will do everything we can to ease the burden of your fatal accident claim.

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Few life-events will have a more devastating impact on a person than losing a loved one in an accident. Realising that the accident in question happened because someone else was negligent only makes matters worse, and no amount of compensation could truly make up for the loss.

What making a fatal accident claim for compensation could do, however, is provide some financial help during a uniquely difficult time in your life. It could also act as a marker, providing a sense of recognition and justice for you and your family.

If you’ve lost someone close to you in a fatal accident please contact TJL, and a member of our expert team will ascertain whether you could be eligible to claim compensation

We’ll treat your case with sensitivity and sympathy, handling the details and working for the compensation you deserve in a respectful and empathetic manner.

 

Who is Eligible to Make a Fatal Accident Claim?

 

The law dealing with fatal accident claims is set out in the Fatal Accidents Act 1976, which states that the people eligible to make a claim for compensation are as follows:

  • A spouse or former spouse of the deceased person
  • A civil partner or former civil partner of the deceased person
  • Anyone individual who cohabited with the deceased person for at least the last two years, and was doing so at the time of their death
  • A parent of the deceased person
  • Anyone who was regarded and treated as a parent by the deceased person
  • Children of the deceased person
  • Anyone who was treated as offspring by the deceased person as the result of a marriage or civil partnership
  • Any brother, sister, uncle or aunt of the deceased person

Any claim made by an individual or individuals related to the deceased in the ways set out above will only be successful if it can be proven that the fatal accident in question happened because another party acted negligently.

Compensation Amounts for a Fatal Injury Claim

The compensation awarded following a fatal accident and the loss of a loved one could include a bereavement award and amounts to compensate for pain and suffering, medical costs, funeral expenses, loss of income and any other expenses.

When awarded, payment will be divided between all eligible parties. In addition to this statutory payment, a fatal accident claim handled by the expert team at TJL could help you to receive other payments you are entitled to.

Depending upon the circumstances of the case and your wider financial position, the compensation paid for a successful fatal accident claim could range from a few thousand pounds to several hundred thousand. Factors which will influence the amount of compensation awarded include:

  • The age of the deceased at the time of the fatal accident
  • The income they were bringing in to the family when they died
  • The number of people who qualify as dependants

The statutory bereavement amount is...

  • £15,210 to eligible parties if someone dies in an accident
  • Receiving this won’t stop you claiming further compensation for your loss due to negligence
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Who is considered eligible for compensation following a fatal accident?

The list of people eligible to make a fatal accident claim includes the following:

 

 

 

  • The current or former spouse or civil partner of the deceased person
  • A child, stepchild or any other descendant of the deceased person
  • The parent or grandparent of the deceased person, as well as any person they treated as a parent
  • A person who has been cohabiting with the deceased person for a period of at least 2 years
  • The brother, sister, aunt or uncle of the deceased person

The executor or administrator of the estate of the deceased person can also claim compensation on behalf of the estate following a fatal accident. Any compensation for things like pain and suffering will relate to the period between the accident happening, and the person dying from their injuries.

Common Types of Fatal Accident Claims

Amongst the more common fatal accident claims we handle are the following:

 

 

  • Road traffic accidents featuring collisions, pedestrians being struck by cars, speeding, and inattentive motorists and cyclists being knocked from their bikes
  • Deaths caused by medical negligence in the form of mistakes such as misdiagnosis, delayed diagnosis, wrongly prescribed medication and surgical errors
  • Accidents in the workplace caused by a failure in the employer’s duty of care. Industries in which health and safety regulations have to be enforced particularly strictly include manufacturing, agriculture, warehousing and construction.
  • Falls from height caused by mistakes such as badly constructed scaffolding, faulty guardrails and misplaced ladders
  • Drowning caused by negligence in places such as swimming pools, open bodies of water and sometimes even bathtubs
  • Deaths caused by an illness contracted in the workplace. Deaths of this kind are negligent if the employer failed to take all reasonable steps to maintain safe working conditions.
  • Some sports can cause fatal accidents if the right safety precautions and rules around participation are not applied by the organisers

No Win No Fee Explained

We handle fatal injury claims on a no win no fee basis.

 

In simple terms this means that you pay nothing up front or while your claim is being processed, and will only ever pay anything for our help if your claim is successful.

The ‘success fee’ we take will never be more than 25% of the compensation awarded, leaving you with the rest, and if your case is unsuccessful then any costs will be covered by insurance we take out on your behalf. We think that those affected by a fatal accident through negligence should be able to pursue a fair compensation settlement without having to worry about costs or hidden fees, and that’s exactly what our no win no fee service provides.

 

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A Guide to the Process for Making a Fatal Injury Claim

 

When you’re coming to terms with the loss of a loved one through a fatal accident, claiming compensation is probably going to be the last thing on your mind.

Working with the experts at TJL to make such a claim, however, will give you the chance to have the unfairness of what has happened to you recognised and acted upon.

Winning the compensation you’re entitled to following a fatal accident could also be a massive practical help when it comes to rebuilding your life. As well as being experts in the law around fatal accident claims we have a keen understanding of just how devastating a loss of this kind can be.

We’ll work by your side in a sensitive manner and help you to access any further help you need to cope with what you’re going through. We’ll do all of this on a no win no fee basis, so you don’t even have to think about the cost of claiming compensation.

We’ll give you the room and time to try to come to terms with what has happened to you and your family by breaking the fatal accident claim process into smaller individual steps:

  • If you think another party might have been negligent and caused the accident in which you lost a loved one then contact TJL to discuss your case. We’ll explain the law that deals with fatal accident claims and whether we think you have a good case to seek compensation. If we think you are eligible to make a fatal accident claim we’ll work on your behalf to gather the relevant evidence together and liaise with all concerned parties.
  • We’ll take a detailed statement from you to gain the fullest possible idea of how your loved one died, using your own understanding of the circumstances and our own investigations to compile a report. We’ll set out details such as the date and time of the fatal accident, the circumstances of that accident and how those circumstances caused the death of your loved one
  • We will also speak to you and any other member of the family who wish to help with the claim to assess just how you have all been impacted by the death. In practical terms, this will mean highlighting the earnings which the deceased would have been bringing in had they lived and the services they used to provide.
  • Once we’ve taken your account of the fatal accident we’ll gather evidence to bolster the claim that it was caused by negligence. This evidence could include the following:
    • Any incident reports relating to the fatal accident from bodies such as the police, an employer and the health and safety executive
    • Any photographs of the scene of the fatal accident which are available
    • If the fatal accident was covered by CCTV cameras we will try to access any footage captured
    • Any evidence indicating that the responsible party should have been aware of the risk of an accident happening. Examples of this would include entries in an accident book or the reports of previous accidents in a public place such as a shop.
    • Statements taken from anyone who witnessed the fatal accident
    • The medical records of the deceased, and in particular details of the injuries sustained in the accident and the official cause of death
  • More complex fatal accident cases may require us to liaise with experts such as forensic analysts, accident reconstruction teams and financial advisors. Working with experts in chosen fields will help us to build the clearest possible picture of the accident, the negligence which caused it, and the on-going financial impact.
  • We will pull together a detailed calculation of the financial impact the fatal accident and loss of a loved one has had on you and other dependants. Figures used to make this calculation will include:
    • An amount to represent the income the deceased would have earned through their working life had they lived
    • If the death of a loved one means you have to give up work to care for children, your loss of earnings will also be included in the calculation
    • The loss of any pension the deceased person would have been entitled to
    • A financial amount to represent the cost of services the deceased person would have performed had they lived, including household chores, decorating, childcare and DIY
    • The reasonable costs of a funeral, including flowers, a headstone and a wake
  • When we’ve clearly established the circumstances of the accident and who we feel was to blame for allowing it to happen, we will contact them on your behalf to tell them a claim is being made. In most cases this will involve us liaising with an insurance company
  • The negotiation we carry out on your behalf will involve two questions – whether the other party accepts liability for the fatal accident, and if they agree with our calculation of a reasonable compensation amount
  • Your fatal accident claim will be settled if the other party accepts liability and agrees with our compensation calculation. We always work to settle claims as quickly as possible, combining our dispute resolution skills with the strength of the case we put together to convince the other party that settling is the best course of action.
  • Our track record speaks for itself, with more than 95% of the claims we handle being successful. In some cases, the other party might accept liability but question the amount of compensation we’re asking for on your behalf. If this happens, or the complexities of your case mean it takes some time to agree compensation, we will apply for interim payments to cover the losses and expenses you’ve already had to cope with. Any interim payments made in this way will then be deducted from the final compensation payment.
  • In rare cases, a compensation claim will have to be settled in court. If this happens we will support you throughout, speaking up on your behalf and making sure that the court hears a clear and powerful account of your case.

How Long Do Fatal Accident Claims Take?

Fatal accident claims are amongst the most complex personal injury claims, and can take between 9 months and 2 years to settle.

 

 

Some claims, such as those which feature a criminal investigation, could take even longer.

Factors which could lengthen the timescale of a fatal accident claim include the following:

  • The other party refusing to accept liability
  • The other party refusing to make a fair offer of compensation
  • The need to take on the advice of experts when analysing issues such as loss of dependency and services
  • Whether you have to go to court to settle the claim

No matter what the circumstances of your fatal accident claim are, the team at TJL will work to settle it as quickly as is reasonably possible. We’ll provide an estimated timeframe when we take your fatal accident claim on, and keep you fully and clearly informed if this estimate changes as the claim progresses.

The Time Limits for Filing a Fatal Accident Claim

In most cases there is a time limit on making a fatal accident claim of 3 years from the date of the accident itself.

 

 

In most cases there is a time limit on making a fatal accident claim of 3 years from the date of the accident itself. In the case of claims linked to industrial illness, this limit can rum from the date upon which a link was made between the fatal illness and the working conditions of the deceased.

If the deceased was under 18 at the time of their death the 3 year limit will not start to apply until the date of what would have been their 18th birthday.

Even with the 3 year limit in place we would always strongly recommend starting a fatal accident claim as soon as possible after it becomes apparent that the accident was caused by negligence. The events of the case will still be fresh in the minds of all those involved, and the sooner we get to work on your claim, the sooner we can win you the compensation you deserve.

What needs to be legally proven to win a fatal injury claim?

In order to prove a fatal injury claim you need to show the following:

Question 1 of 3

The deceased were owed a duty of care by another party

 

Fatal Injury FAQs

 

What immediate actions should be taken after a fatal accident to begin a claim?

 

In the immediate aftermath of a fatal accident which you think could have been caused by negligence you should contact JTL. We’ll listen to the details and explain whether we think you are eligible to make a claim.

If you are then we’ll guide you through the process in a sympathetic and supportive manner, doing the work of gathering evidence and calculating compensation on your behalf.

 

Can funeral expenses be covered in a fatal accident compensation claim?

 

Yes, reasonable funeral costs can be claimed as part of a fatal accident compensation claim. This will include the cost of a funeral or cremation, as well as flowers, a wake and a headstone.

 

Why Choose TJL for a Fatal Injury Claim?

You should work with TJL on your fatal accident claim because we combine highly effective legal expertise with a sensitive understanding of just how devastated anyone making such a claim is likely to be.

Our track record speaks for itself, with £43 million claimed in compensation for more than 15,000 people over the past quarter of a century.

Perhaps just as important as the numbers when it comes to a fatal accident claim is the approach we take to our work. We’ll treat you as a person, not just a claim to be processed, and we’ll help you to access any further help you need to cope with this most difficult of times.

We’re clear and approachable throughout the claims process, explaining everything without resorting to legal jargon and always having a member of our Manchester based team on hand to answer any questions you might have. We do all of this on a no win no fee basis, meaning you pay nothing unless and until your claim is successful, and get to keep at least 75% of everything awarded to you.

Losing a loved one in a fatal accident caused by negligence will impact you for the rest of your life. Claiming compensation can help to minimise at least the financial aspect of that impact, as well as providing you with some sense of justice being done.

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Dedicated solicitors at your service with no hidden fees

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