It is often a worrying and stressful time if you are left dealing with the death of a loved one. Often in cases where the death is accidental or unexplained there will be an Inquest. This will most likely be before any Civil or Criminal proceedings take place. We can represent you at the Inquest as part of any subsequent civil case.
If a death has occurred because of the negligence or breach of duty of a third party, it is possible to make a claim for a Fatal Accident under the Law Reform (Miscellaneous Provisions) Act 1934 and/or the Fatal Accidents Act 1976.
Under the Law Reform Miscellaneous Provision Act 1934, the estate of the deceased can bring a claim for Funeral Expenses, General Damages for any pain or suffering i.e. if there was a significant time between the injury and death and General Damages in respect of loss of amenity, when the Claimant is unconscious between injury and death. In addition, claims may be made under this act for Special Damages incurred between death and injury, for example, the cost of care.
Under the Fatal Accidents Act 1976, dependents can make a claim for Funeral Expenses and dependency, i.e. loss of financial support and statutory bereavement damages. There is a strict requirement as to what constitutes a dependent. This would normally be a husband or wife or other family member. Under the Fatal Accident Act 1976, dependents can claim for loss of money being brought into a household, or loss of the cost of services, such as DIY, loss of fringe benefits, anticipated gifts, loss of pension etc. It may be very difficult in these circumstances, for dependants to act quickly but the limitation period is 3 months from the date of death. We would always be happy to assist in dealing with such cases.
If you would like more information, speak to our Personal Injury Solicitor, Zahreen Hussain on 020 7998 7777 or email her at email@example.com.