What Will My Compensation Claim Consist Of?

No matter how high the compensation awarded to the family of a deceased person, the passing of a loved one can never be easy and at best is hardly bearable.

SeriousInjuryClaims4U‘s panel of specialist fatal accident solicitors understand this, but their experience has also taught them that the compensation from a successful claim can ensure the family’s long term financial stability and security despite the loss of their loved one who may have been the sole bread-winner.

It is important to remember that receiving compensation for the loss of a loved one in a fatal accident is not a reward and a family is certainly not gaining anything from the situation; instead, they are merely being compensated for the loss of their loved one and the loss of the financial security of their future as a result.

The loss factors that may be considered in the calculation of the compensation award that you may be entitled to for the loss of a family member are outlined below.

Pre-Bereavement Loss Factors

Where the death is not instant to the accident that eventually causes it, a claim for compensation can take into account several factors, such as:

  • Pain, suffering and loss of amenity
  • Loss of earnings of family and friends through caring for the injured person
  • The cost of professional care
  • The cost of housing and vehicle adaptations
  • The cost of specialist equipment
  • The cost of transport to and from the relevant care facility

Post-Bereavement Loss Factors

When a person has died instantly in accident, or after an amount of time but as a direct result of the accident, there are numerous things family members may claim compensation for, if they qualify:

Bereavement Damages

If the fatal accident occurred after 1st January 2008, the sum of £11,800 can be claimed under law.

The following people qualify for bereavement damages as the law stands currently:

  • The married spouse of the deceased
  • The parents of a deceased child born within marriage and under 18 at the time of death
  • The mother of a deceased child not born within marriage

Pain And Suffering

If the deceased died due to long term injuries or illness caused by the accident, compensation may be claimed for the pain and suffering which they suffered while they were still alive. This compensation would be distributed according to the deceased’s will or as on intestacy.

Dependency

If it can be demonstrated that a person was dependent on the income of the deceased, that person will be entitled to compensation that could encompass many things, such as:

  • Employment-related benefits
  • Future pension loss
  • Mobile phone contract cost

To qualify to make a compensation claim for dependency, a person must be:

  • The spouse or formerly married spouse of the deceased
  • A former cohabiter with the deceased as if married for at least two years before death resulted from the fatal accident
  • The parent, grandparent or great grandparent of the deceased
  • The person treated as a parent by the deceased
  • The child of or descendant of the deceased who was treated as a child of the deceased

Funeral Costs

As long as the funeral is not unsuitably costly, the costs of the service, a headstone and any other funeral-related charges may be recovered.

Our experienced solicitors will use their specialist knowledge to deal with your claim and fully respect that they must be understanding and patient with regards to the progress of the case in order to allow your grieving process to progress without hindrance after your tragic loss.