How is Compensation Calculated in a Fatal Accident Claim?
The circumstances surrounding every fatal accident claim will be different, so the amount of compensation that could be awarded depends on the specifics of each case - in particular, the nature of your relationship with the deceased.
For instance, if you were married to the person who died in an accident, your joint income will be assessed and the contribution that would have been made by the deceased will then be subtracted.
Alternatively, if you had children with the person who has died, the assumption will be that a bigger share of the deceased’s income will have been spent on the family, rather than themselves. As a result, the overall compensation settlement is likely to be higher.
But salary alone doesn’t dictate the amount of financial loss that can be felt after the sudden death of a loved one. So calculating the value of a fatal accident claim isn’t as simple as multiplying the deceased’s salary by the number of years they were likely to continue working.
The deceased may have performed many essential tasks at home, such as general maintenance and household chores. A compensation settlement may also reflect the loss of “intangible benefits”, such as the personal affection the deceased may have offered to those left behind, and they may also have had various investments and interest on earnings that need to be taken into account.
Why Do I Need a Personal Injury Solicitor?
Claiming compensation for a fatal accident can be a complex and emotionally draining process, which can be the last thing you need at a time when you’re already coming to terms with your loss.
However, our Personal Injury Solicitors have considerable experience in this complicated area of law, and the objectivity that’s needed to put together a strong case.
The case will be based on evidence including:
- Photos and videos of the accident scene
- Police statements
- Witness statements
- Medical reports and documents
- Relevant financial documents, such as pay slips and receipts
We understand that claiming compensation might not always be an immediate priority after the sudden loss of a loved one. But getting the right settlement can ultimately help you get closure, and take away the financial pressures caused by your bereavement. Of course, no sum of money can fully make up for your loss, but it may help to make your life a little bit easier.
What If My Financial Needs are Immediate?
Sudden death in a fatal accident can cause immediate financial problems at home, as you must adapt to living without their income and wider contribution to the household. Furthermore, you’ll probably have to arrange a funeral for the deceased, which can be extremely costly.
However, if the other side (defendant) admit partial or full liability quickly, our Personal Injury Solicitors can push for you to receive an Interim Payment of compensation before a Court hearing. This can be a lifeline if you have immediate financial pressures and can’t afford to wait for a final settlement to be agreed, and keep you going until the case is resolved.
Any Interim Payments you may receive will be deducted from your final compensation settlement payout.
How Long Do I Have to Claim Compensation?
You have three years from the date of your loved one’s death in which to make a fatal accident claim, or 3 years from the date you became aware their death was linked to a particular accident or harmful exposure.
In the event of your loved one passing away whilst in the middle of a personal injury claim, the 3-year time limit starts again from the date of their death.
Who Can Claim Fatal Accident Compensation?
If a loved one has died in a fatal accident due to the negligence of another person or organisation, then a spouse or member of their family can make a claim for compensation.
For free legal advice call our Personal Injury Solicitors
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London and Manchester.