Fatal Accident Claims

Losing a loved one is an upsetting experience for any family. But losing a loved one in an accident that was not their fault is devastating. The family members who are left behind are not only distraught at their loss of their loved one, but are also often left in an insecure financial position, especially if the deceased provided towards the family income.

Types of Fatal Accident Claims

At Farleys, we understand this is a traumatic time for any family to have to go through, and pursuing a fatal injury claim is often the last thing you want to have to deal with. However, we understand that in some instances, it is important to bring a claim to ensure your family are cared for and financially supported through this troubled time.

We have an experienced team of specialist solicitors who have acted in many fatal injury cases. Our fatal injury solicitors are here to support and guide you through the claims process, whilst at the same time, are sensitive to your situation and realise the need to progress matters at a pace to suit you.

Fatal injury claims arise from a variety of different accident types such as:

• Road Traffic Accidents
• An accident in the workplace
• Medical or Clinical Negligence

If the deceased died as a result of an accident that was not their fault, but is not categorised above, you may still be able to pursue a claim. Please call us on 01254606008 to discuss whether or not you able to bring a claim.

Who Can Claim?

The relationship you had with the deceased usually determines whether or not you can initiate a claim. If you were a ‘dependant’ of the deceased (as detailed below), you are entitled to bring a claim. A dependent is classed as:

• a wife or husband or former wife or husband of the deceased;
• a civil partner or former civil partner of the deceased;
• any person who –
  i) was living with the deceased in the same household immediately before the date of the death; and
  ii) had been living with the deceased in the same household for the last two years before that date; and
  iii) was living during the whole of that period as the husband or wife or civil partner of the deceased

• any parent or other ascendant of the deceased;
• any person who was treated by the deceased as his parent;
• any child or other descendant of the deceased;

• any person (not being the child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;

• any person (not being the child of the deceased) who, in the case of any civil partnership  in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;

• any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.

Are There Any Time Restrictions on Making a Claim?

Dealing with making a fatal accident claim whilst trying to come to terms with the death of a family member or loved one can be unthinkable.

Under the Fatal Accidents Act 1976, the limitation period in which dependents are able to bring a claim is three years from either the date of death; or the date of knowledge of the person’s death, whichever is later.

There is never a right time to initiate a fatal accident claim and the time it takes to feel ready to begin proceedings is different for each individual. Even if you are out of time (i.e. the accident occurred over three years ago), you may be still be able to bring a claim.

Our solicitors provide a personal service specific to you and your claim. By engaging Farleys to act for you, you are ensured an experienced solicitor, who will be dedicated to fighting your case, and getting you the maximum compensation to help you in the process of rebuilding your life.