Fatal Accident in Cardiff Claims
Accidental deaths are mostly sudden and totally devastate a family with no warning. This leaves those close to the deceased with a crushing sense of sadness, confusion, anger, and worry. Not only do the bereaved have to suffer the emotional distress of the Fatal Accident, but also the financial strain such a loss can take. All of this, whilst those responsible hope to get off scot-free.
Claim compensation for the accidental death of a loved one in Cardiff.
We give your family the justice the deceased deserves, whilst compensating you to make sure your family can cope with the reality of the loss. Contact our Cardiff personal injury experts to get a free claim assessment and to get accident compensation on a no win, no fee basis. Call 02921 682 687^ today to get started.
Fatal Accident Claims – What Are They?
When an accident in Cardiff results in a person’s death, and it was caused by another’s negligence – be it a person or organisation – a Fatal Accident claim can be brought by the deceased’s loved ones. This allows justice to be sought on behalf of the deceased, as well as financial restitution to be awarded to help the burden on the family. Whilst it will never replace the loss, knowing that those responsible have been held to account will help prevent others from enduring Fatal Accidents in the future.
What Accidents are considered to be Fatal Accident Claims?
Our team see an unfortunately large commonality with Fatal Accident claims, particularly those from car accidents. However, not all causes of wrongful death are from accidents. Some leading causes of death in Cardiff are:
- Accidents at Work
- Accidents in Public Places
- Road Traffic Accidents
- Clinical Negligence
- Industrial Disease
We make sure to establish liability for the accident so that the negligent party is held responsible for the accident, allowing your family to be compensated fully. Even when the cause of the death is unclear, we will work to make sure you see justice for the loss you have experienced.
What is the Process for Making a Fatal Accident Claim?
If you need to make a claim for a Fatal Accident in Cardiff, the process makes this tricky, which is why we offer our help under no-obligation. We guide you on how to source evidence, who in the family can claim and when, and dealing with the courts, if it comes to that.
Am I Able to File a Claim for a Wrongful Death in Cardiff?
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, probate (executry in Scotland) costs, property damage, and loss of income – if they weren’t immediately killed in the accident in Cardiff.
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
The cause of death will be determined by a coroner, as well as the likely time and location. With this information, your appointed panel solicitor will be able to determine fault. Evidence in a Fatal Accident claim might consist of:
- Photographic
- Video, such as CCTV or dash-cams
- Witness testimony
- Records in accident books
- Visits to the location to provide context
If the party deemed responsible for the wrongful death accept liability, a settlement for damages may be reached. But should they deny blame, the claim may have to go to court.
Do you have to go to court for Fatal Accidents?
You won’t necessarily need to go to court. Like most personal injury claims, Fatal Accident claims tend to settle out of court. This is often because the insurance company pays the compensation, rather than the individual or the organisation in Cardiff you’re suing. There are exceptions to this, such as if the negligent party refutes blame, or in the event of criminal trials, but it won’t strictly affect where the compensation award is coming from.
Do I need to worry about criminal trials and Fatal Accident Inquiries?
If you need to take part in a criminal, or civil, case, our panel solicitors will help guide you through the particular process – dependent on your unique situation. However, it is important to bear in mind that like Criminal Injury Claims, a verdict is not needed to pass before you make a claim.
And if your case goes to a Fatal Accident Inquiry, we will be there to guide you through the complexities of such a situation. We’ll let you know how it might affect your Fatal Accident claim, and what you will need to prepare for.
How long do I have to make a Fatal Accident claim in Cardiff?
Most personal injury cases allow up to three years for the wronged party to make a claim. Fatal Accidents claims in Cardiff are no different. Unless there are exceptional circumstances, anytime after this 3-year window, claims will be prevented from being made.
Wrongful death cases can take, sometimes, several years to settle. So, it’s worth speaking to a member of our team as soon as possible if you feel like you make have a case. We can offer our guidance under no-obligation, and provide claims on a no win, no fee* basis. Call 02921 682 687^ today to get started.
How much compensation can I claim for a Fatal Accident?
The compensation awards for Fatal Accidents vary significantly from person to person. This is because of the individual’s personal circumstances, the costs incurred by their passing, and the financial gap they leave behind. Some of these awards can be claimed early, to take off the pressure of paying for things like funerals. The following is an outline of the types of damages you can claim for:
For dealing with the absence of salary earner in the family, you can claim for “financial dependency”. This is when members of the family were reliant on the deceased for income, which will no longer be possible due to the Fatal Accident. This part of the award can be claimed by the deceased’s partner, as well as their children.
There is a compensation element for the “general damages.” These are for pain and suffering experienced by the deceased, much like you would find in a regular personal injury claim. With Fatal Accidents, this can also include the time between the initial accident, and their passing. Likewise, if there was a time in which you accrued expenses from travel to the hospital or providing care for them, you can claim this also.
Like with the financial dependency aspect, there is also something referred to as “loss of services” this is the impact that the deceased had on daily life. This can take the form of helping to raise children, managing family finances, doing DIY, shopping for the family and anything else they did to bring value to the household. When these have gone with the loss, it can make daily life that much harder, and more costly.
You shouldn’t – and won’t – be expected to pay for the funeral (except for the wake) after a Fatal Accident. This also goes for Probate – or Executry in Scotland – where the legal costs will be covered by the negligent party.
A “Statuary Bereavement Award” is also calculated into the total compensation award. This fixed amount of £15,120 is payable to the partner of the deceased and is considered financial restitution for the partner’s suffering.
There is also the unquantifiable cost of the loss of love itself. Finding and maintaining love has never been considered easy, so it only makes sense that you are compensated in some way for this “intangible benefit” the decease brought to your life. Whilst nothing, not especially money, will replace that, it is at least acknowledged in your compensation award.
These elements combined make the sum total of the compensation package for the Fatal Accident. It is by no means easy to just calculate online. Therefore, we offer our claim assessments under no-obligation, so that we can guide you without you worrying about the costs of pursuing justice. Justice that your panel appointed Cardiff solicitor will help secure for you. Call 02921 682 687^ to get started.
Make your Fatal Accident claim with us
To get started, simply call us on 02921 682 687^ to speak to our friendly Cardiff team. We’ll evaluate your case under no-obligation to you, and file your claim on a no win, no fee* basis. Don’t delay, get justice for your loved one’s Fatal Accident today.
