Annually, over 200 workers are killed in accidents at work and over 3,500 people are killed in road traffic accidents. In addition, sadly, people die in train accidents, aviation accidents and all sorts of other accidents. It is an extremely distressing fact of life.

If you have a loved one who has died in an accident then we appreciate the traumas that you must now be facing. No doubt you will be experiencing shock, distress, maybe anger and disbelief. In all probability claiming compensation will not be a priority - particularly in the early days following the death.

At some point you may want/need to consider the question of compensation. Compensation may become a necessity if, for example, a child is left without parents or an adult is left without their bread winning spouse. Is there a claim?

A claim for compensation can be brought if the person who has died would have been able to bring a claim had they not died. The deceased would have been able to bring a claim if they could have shown that someone else was wholly or partly responsible for their death.

Who can claim?

If the deceased made a Will then their executors may be able to bring a claim on behalf of the estate. If there is no Will then personal representatives may be able to bring a claim on behalf of the estate.

Certain dependants are able to make a claim following the death of a loved one. The dependants have to be able to show that they have suffered a financial loss because of the death.

In some cases, a limited group of people can claim a bereavement award.

What can be claimed?

There are a number of types of compensation that can be claimed following the death such as compensation for the pain and suffering of the deceased, financial losses incurred by the deceased prior to their death, funeral expenses, financial losses incurred by dependants and the bereavement award are just some examples. If the death has left dependants then they will be able to claim for the loss of that dependency.

Funding

In most cases, provided a claim is successful, the legal costs of bringing the case will be met by the other party. In all cases we discuss funding at the outset to ensure that wherever possible, those bringing a case, do not find themselves out of pocket.