Fatal Accident Claims in Bradford
A Fatal Accident is something you can only hope to be a nightmare. Unfortunately, the reality for your family is all the more difficult. Emotional damage, financial strain, and anger at those responsible for the death. We can help alleviate the pressure you feel with our legal experience.
If you’ve lost a loved one to a fatal accident in Bradford, we can help you claim.
If you want to bring a claim for personal injury compensation, our Bradford team will do their utmost to see your family are supported through every aspect of your new reality. Contact us now on 01274354271^ to start your claim and get the justice your loved ones deserve.
What is a Fatal Accident Claim?
When an accident in Bradford 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.
Are all Accidents in Bradford Claimable when they are Fatal?
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 Bradford 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?
Fatal Accident claims are by no means simple cases, even when blame is obvious. This is because there are a number of complex elements to a Fatal Accident claim, including who can claim, when they can do so, evidence, criminal trials and inquests. Our Bradford personal injury experts will help you navigate this process.
Can Anyone Claim for a Wrongful Death?
Claims for Fatal Accidents tend to be brought by the executors of the deceased’s estate – when there is a Will – and their dependants. As executors are responsible for dealing with the property, assets, and money of the person who has died, they also need to pursue any legal matters on their behalf. When it comes to damages for the wrongful death, they can claim – on behalf of the deceased – for:
- Pain and suffering the deceased likely experienced
- Expenses occurred, such as funeral and Probate (or Executry in Scotland) costs
- Damaged property
- Income lost, if the deceased didn’t die right away
Other individuals are also able to claim for loss of financial dependency or loss of services as a consequence of the Fatal Accident:
- Current or former spouse/civil partner
- Current cohabitating partner of at least 2 years
- A parent of the deceased
- A child – or stepchild – of the deceased
- Other nuclear family members, such as siblings
Claims should be filled by all those involved at the same time. If, however, the executors do not pursue a claim for Fatal Accident compensation, the deceased’s relatives/dependants can claim separately after 6 months.
Evidence requirements for Fatal Accident claims
After the coroner’s investigation into the cause and time of death, your appointed panel solicitor will be able to give context to the evidence. Such evidence could be photos and videos, such as that captured by CCTV, witness statements, and records in accident books.
With these combined, the solicitor will be able to determine who is at fault for the Fatal Accident, and how much the compensation ought to be awarded. When the negligent party accepts blame, a settlement may be reached, although if they do not, it may go to litigation.
Will I need to go to court after a Fatal Accident?
It’s unlikely your Fatal Accident claim will end up in court. Most personal injury cases are settled out of court and are paid by the negligent party’s insurer. If, however, there is a dispute of fault or there is a criminal trial, you may need to attend court.
Will my claim require a criminal trial or Fatal Accident Inquiry?
A trial of any kind, be it a civil or criminal case, can be a stressful and complicated affair. If your Fatal Accident claim comes to a court situation, our panel solicitors for Bradford will be able to guide through the process. The good news is that a criminal conviction does not need to happen in order to pursue compensation for your family. This is similar to how Criminal Injury Claims are processed.
In the unlikely event that your case goes to a Fatal Accident Inquiry (FAI), then the ramifications for your Fatal Accident claim would be large and could affect the wider laws of the country. Should and FAI be necessary for your case, your panel personal injury solicitor will be there to support you.
What is the time limit for making an Accidental Death claim?
There is – like most personal injury claims – a time limit of 3 years in which you can file your claim. If after this point you decide to push on without extenuating circumstances, you will be barred from filing your Fatal Accident claim.
Wrongful death claims can take a couple of years to complete, so it is worth acting as soon as possible. If you feel you are ready, contact our Bradford team on 01274354271^ now for a no-obligation discussion.
How much is a Fatal Accident claim worth?
Fatal Accident claims vary in compensation and are essentially impossible to estimate without close attention to the individual’s circumstances. The releasing of the award can also be circumstantial, as certain expenses can have funds given earlier. When calculating the compensation, the following factors can be considered to arrive at a figure that reflects the family’s new dynamic.
- General Damages. General damages are the compensation for the pain and suffering felt by the deceased – much like personal injury claims. If there was also a loss of amenity – such as in the event of a coma – in the lead up to the death, this can also be claimed for too.
- Financial Expenses. If there was a delay in the time between the Fatal Accident in Bradford and the passing, it is likely your family will have accrued expenses. These can be from hospital visits, providing care or any other expense in the event of the incident.
- Funeral and Probate Expenses. It’s not news that funerals in the UK are expensive. As part of your compensation package, the funeral will be covered – except for the wake – by the negligent party. Because there is a lot of legal work involved in tying up an estate, Probate (Executry, in Scotland) is required and will also be covered.
- Statuary Bereavement Award. The surviving partner will be awarded a fixed sum of £15,120. This is to accommodate for the grief of losing their spouse.
- Financial Dependency. The loss after a Fatal Accident doesn’t just culminate in grief. There will likely be a substantial deficit in household income from their passing. The dependants of the deceased will receive compensation to reflect the lack of finances they would have provided.
- Loss of Services. There is also value that the deceased brought to the household beyond financial. These can include – for example – childcare, shopping, and DIY, things would incur costs without their involvement.
- Intangible Benefits. There is also a financial acknowledgement of the loss of love after the wrongful death. Whilst it’s difficult to quantify, and by no means a measure of the love itself, the award is aimed at expressing remorse for the loss of something intangible, but very much there.
All of these elements combine to make up the compensation for the Fatal Accident, and the complexity of them is why we don’t offer an online calculator. Instead, we offer our claim assessments under no-obligation to you. That way, you can get an accurate estimate based on your circumstances from an expert by calling 01274354271^. If you want to proceed your claim with us, we will appoint one of our panel solicitors for Bradford to you. They will help you claim financial restitution, as well as justice for your loved one.
Get started with your Fatal Accident claim now
To get started, simply call us on 01274354271^ to speak to our friendly Bradford 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.