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Fatal Accident Claims
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Fatal Accident Claims

Fatal accidents are of course traumatic events for the families of victims and the resulting compensation claims can be complex matters. As with other claims it must be proved that the death was caused by the negligence of a third party, but it is also necessary to establish that the victim would have been able to claim compensation himself/herself at the time of death. Furthermore the claimant must prove that he/she has suffered financial loss as a result of the death.

The Fatal Accidents Act 1976 allows claims to be brought by dependants of persons who have died as a result of the negligent act of another party and it defines dependants to include spouse/cohabitee, children, parents and grandchildren. However any person wishing to claim must have been dependant to some degree on the income of the victim.

Claims may be brought for various items including:-

  • If death was not immediate, claims may be brought for the victim's own pain and suffering prior to death, loss of income prior to death and for medical and other expenses incurred between the accident and the victim's death.
  • Loss of financial support since death - this is likely to be the largest aspect of the claim.
  • Loss of any fringe benefits such as pension rights.
  • Loss of gratuitous services provide by the deceased such as domestic assistance, childcare, DIY etc.
  • Bereavement Compensation - this is laid down by statute and is only payable to the wife/husband of the deceased or to the parents if the deceased was under 18. For deaths occurring since 1/4/02 the amount is £10,000
  • Funeral expenses (if paid by the dependants) and loss of or damage to any property as a result of the accident.

There may of course be other items of claim depending on individual circumstances.
If a member of your family has suffered personal injury in the last three years please complete the Application Form and we will provide a free legal assessment of the case. We will handle your claim on a No Win No Fee basis at no cost to you.

Accident Types
Testimonials
Public Liability
Pedestrian Fall from Bicycle
Miss H was knocked off her bicycle when her front tyre struck a loose paving stone jutting into the road. She sustained a head injury causing severe short term memory loss and mood swings. After 2 years her original Solicitors withdrew from the case as they believed her claim had less than a 50% chance of succeeding. Miss H contacted Excalibur who agreed to represent her on a No win No fee basis.

Within 18 months the matter was resolved and Miss H received a settlement cheque of £300,000.00. She told us
"Thank you Excalibur for believing in me and my claim. My Solicitor was always available to me and happy to explain each step of the process. The only surprise was how much you managed to obtain for me without the need to go to trial. I will tell all my friends about your great service."
Miss H from London

See how much your claim could be worth.

Examples of Compensation Awards for Injury Claims*
Serious Back Injury
£30,000
Wrist Injury
£3,000
Serious Neck Injury
£30,000
Serious Hand Injury
£10,000
Ankle Injury
£3,000
Serious Knee Injury
£20,000
Serious Head Injury
£50,000

*damages for loss of earnings and other losses and expenses are commonly paid in addition to the injury award and will vary in each case