Fatal Accident in Chester Claims
If a Fatal Accident has killed a close family member of yours, you need a legal team who will give you the friendly support required. As well as bringing those responsible to justice with the full force of the law.
If you’ve lost a loved one to a fatal accident in Chester, we can help you claim.
Our personal injury experts of Chester will tirelessly pursue damages for your family to make life without them that much more bearable. Contact us on 01244 646 681^ to get a free claim assessment and hear about our no win, no fee* compensation offer. Call today.
What are Fatal Accident Claims?
When an accident in Chester 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.
Which Types of Accident are Considered in Fatal Accident Claims?
The most common causes of Fatal Accidents aren’t always immediate, which is especially true of industrial diseases. The claims we deal with the most are:
- Road Traffic Accidents
- Car Accidents
- Motorbike Accidents
- Workplace Accident
- Medical Negligence
- Stillbirths and Birth Injury
- Industrial Diseases
- Accidents in Public Places
- School Accidents
- Store Accidents
- Suicides whilst in psychiatric care
However, the wrongful death and Fatal Accident occurred in Chester we make sure to treat your claim individually and give your family the closest support possible. This is especially important when the circumstances of the death aren’t clear, as we will tirelessly pursue compensation for you to make sure justice is done.
What do I need to know to process a Fatal Accident Claim?
If you need to make a claim for a Fatal Accident in Chester, 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.
Who can Bring a Claim for a Fatal Accidental?
First and foremost, the executors of the deceased’s estate need to bring the claim for wrongful death. This is because they have a legal obligation, as set out in the deceased’s Will, to handle the finances and assets. Executors must bring the claim within six months of death, before dependants can claim for damages separately, however it is recommended all those who wish to claim do so at the same time.
When claiming, some damages are awarded for the deceased. These can be for their pain and suffering, funeral, and probate (executry in Scotland) costs, property damage and loss of income, if there was a protracted timeframe after the initial accident in Chester.
The deceased dependants can also claim for loss of financial dependency, loss of services – including childcare – as well as a Statuary Bereavement Award. Dependants include nuclear family members, such as parents, children – including step-children – and siblings, as well as their spouse or long-term partner (if they lived together for more than 2 years)
What evidence do I need to make an accidental death claim?
A coroner will need to investigate the deceased to determine cause, time, and probable place in Chester of death. Your appointed panel solicitor will use this, along with evidence collected, to paint a picture of the circumstances of the Fatal Accident. Evidence can include witness statements, photographic and video – such as CCTV – as well as accident book records.
When these have been collected, your panel solicitor will be able to attribute blame for the accident. If the negligent party admits fault at this point, a compensation award may be offered. However, if they refute blame, it is possible the case will go to court.
Do I need to go to court for a Fatal Accident claim?
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 there be 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.
What are the time limits for making wrongful death claims?
Most personal injury cases allow up to three years for the wronged party to make a claim. Fatal Accidents claims in Chester 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 01244 646 681^ today to get started.
What damages can you claim for a Fatal Accident?
Compensation awards for Fatal Accidents are not a flat figure. They depend on a variety of factors, not limited to loss of financial dependency, funeral expenses, and statuary awards. A number of these parts of the compensation packages can be claimed in the interim, to accommodate expenses, such as those from funerals.
- Statuary Bereavement Award: the spouse, civil partner or cohabitating partner of the deceased can claim this fixed award, at just over £15,000. It is meant to be awarded for the suffering of loss.
- General Damages: this covers the pain, suffering, and loss of amenity – if they didn’t die instantly – of the deceased.
- Financial Expenses: should the lead up to the death result in expenses, such a travel, childcare, or care for the yet-to-be deceased after the accident, you can claim financial expenses.
- Funeral and Probate Expenses: the compensation award will also allow for the cost of the funeral and legal expenses to be covered. Except for the wake held in Chester. Probate, or Executry in Scotland, are required to wrap up a deceased estate in accordance with the law.
- Financial Dependency: losing a major breadwinner after a Fatal Accident can leave a hole in your family’s finances. So, if anyone was dependant in your family on the deceased, they can claim compensation to support themselves. This includes the above people, as well as the children of the deceased.
- Loss of Services: couples take on different roles in the family, and as such, losing one of them can see certain aspects of daily life disrupted. This can include at home childcare, working with a trade or DIY, managing the home and finances or even animal care.
- Intangible Benefits: along with the grief, losing a loved one is just that, losing love. Whilst hard to quantify, losing a major person rids you of quality of life. Therefore, you deserve to be compensated for that also.
All these combined calculate your compensation award. But it isn’t something you can do online; it very much depends on your family’s circumstances. This is why we offer our help at no-obligation and will provide you with an estimate for Fatal Accident compensation that reflects your needs. Call us on 01244 646 681^ to speak to a friendly expert.
Make your Fatal Accident claim with us
Our friendly team of personal injury experts will make the process of claiming for a Fatal Accident in Chester as simple as possible. We know this is a complicated area of the law, so we’ll instead focus on what matters by supporting you through this difficult time. We’ll do this for you on a no win, no fee* basis, so you can get access to compensation without stressing about more than you already are. Call us on 01244 646 681^ to get started.