Bearing the loss of a loved one can be an extremely devastating experience. While you’re going through the emotional trauma, legal and financial support in this hard time can guide you and your family to some degree of salvation. There’s no denying the fact that when your closed one leaves, they leave a void that you can’t fulfill by any means of compensation, but a fatal accident claim can at least help ease the financial burden in this difficult time.
Get insight about how fatality claim works and how it’s different from a standard personal injury claim at Wallace Legal. This claim has different set of rules; including who has the right to make this claim, the types of compensation you can receive, along with the law that guides the claims process.
As for personal injury claims, the person claiming can seek compensation for the damages they have suffered along with the losses they have incurred or they will in the near future as a result of the injury. The rules related to these compensation claims; how much compensation will be rewarded and how the case will proceed are mostly governed by the decisions made in the past, which is also called the precedent system.
Conversely, with fatal accident claims, the claim is made to benefit the dependent of the deceased. The claim is largely governed by the statutes given by the parliament.
The investigation process for the liability in fatal accident claims are mostly complicated, especially if the victim died at the scent.
The Fatal Accidents Act 1976
This act gives the dependent the right to recover compensation for all the financial losses arising from the death of their loved one. These losses start from the date of the death till the time where the dependent were unable to afford things.
Who Are Dependents Under This Act?
Several people come under the label of Dependents. These include:
- Civil partner
- A person who was living with the deceased in the same house for around 2 years and has some sort of relationship with the deceased or their spouse
- Any person regarded as a parental figure by the deceased
- Children or stepchildren from marriage or civil partnership
The financial dependency claim usually includes compensation that reflects loss of finances the deceased would have provided. This loss is generally suffered by the dependents.
Types Of Services Included In The Claim
Any money that comes from a person’s death, which also includes the life insurance policy is not regarded when the compensation for dependency is examined. Moreover, the chances of remarrying or entering into another civil relationship is also not regarded even if the spouse started another relationship. The types of services which are usually claimed for are:
- DIY chores
- Home décor
- Gardening services
- Domestic services
- Maintenance and cleaning of the home
- Caring for the elderly or disabled family members
- Taking care of the pets
The compensation for bereavement damages is outlined by the Parliament. Any claim that has come up after the 1st May 2020, the compensation reward for bereavement damages is £15,120. Whereas the award for any claim made before this date was set at £12,980.
If you have faced a similar situation or it’s only an injury resulting from the negligence of someone else, make sure you seek legal help as quickly as possible. Personal Injury solicitors at Wallace Legal are highly experienced and professional in dealing with such cases and they will work with you throughout the claim process to ensure you obtain your compensation.