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How Much Compensation is a Fatal Accident Claim Worth?

10th October 2019

While a Fatal Accident Claim cannot undo the devastating loss of a loved one, it can ease the financial burden placed on the family as a result of this loss. In this article, we explain how a fair compensation settlement is calculated in a Fatal Accident Claim.

For free initial advice call our Fatal Accident Solicitors on 0330 606 9587 or contact us online and we will call you.

Calculating the Value of a Fatal Accident Claim

A Fatal Accident Claim can be brought by certain individuals when the death of their loved one has been caused by the actions or negligence of another person. This could come as a result of road accident, medical negligence or an accident at work.

As you might expect, the value of a Fatal Accident Claim can vary dramatically, and will be dependent on the individual circumstances of the deceased and their dependants i.e. the people who relied upon their income and services, like a spouse or children. There are a number of factors that will be taken into consideration when calculating a fair amount of compensation in a Fatal Accident Claim, which we discuss in more detail below.

When you make a Fatal Accident Claim, your Solicitor will investigate the claim in full, obtaining all of the relevant information and evidence, allowing them to calculate the value of the claim. They will then negotiate with the other side on your behalf, to achieve a full and fair compensation payment.

If the other side denies liability or refuses to pay a fair settlement, then your Solicitor will work with you to decide if commencing Court proceedings is the best way forward.

At Co-op Legal Services, we can deal with most Fatal Accident Claims on a no win no fee basis. This means that there is no financial risk to the family if the claim is unsuccessful, as our legal fees will not be sought from you.

What Factors Determine the Value of a Fatal Accident Claim?

Factors that your Solicitor will take into consideration when calculating the value of a Fatal Accident Claim include:

1. Financial Dependency

Whether anyone was financially dependent on the deceased e.g. lost earnings, lost pension, or other business income

If any family members were financially dependent on the deceased, then this will be taken into account. Family members who can claim financial dependency include spouses, civil partners or partners who cohabited for at least two years, as well as children of the deceased.

2. Loss of Services

Whether anyone was dependent on the deceased for services e.g. childcare or DIY

The Solicitor will look at whether family members relied on the deceased for certain services, which they are now without. This could be for example childcare, DIY, gardening, shopping or even dog walking.

3. Funeral expenses

This includes the cost of the funeral, for example, including the headstone, flowers but not the wake or a memorial.

4. Statuary Bereavement Award

The deceased's spouse, civil partner or cohabiting partner may also claim for a separate award, called a Bereavement Award. This is an amount of money awarded for suffering the loss of a loved one, as opposed to being compensated for grief.

Previously this was only available to the spouse or civil partner, but in a recent case, the Court of Appeal ruled that cohabiting partners should also be entitled to claim Bereavement Awards, as failing to allow this was is in breach of a person's Human Rights. In addition the parents of a child under the age of 18 may also be entitled to claim the Bereavement Award. This is a fixed payment, and at present is set at just £12,980.

5. The loss of intangible benefits

In addition, a claim can also be brought for less tangible benefits that have been lost as a result of the untimely death of a loved one, like the loss of companionship or love.

So, as you can see, there's a lot to take into consideration when calculating how much compensation might be recoverable in a Fatal Accident Claim. When you make a Fatal Accident Claim, your Serious Injury Solicitor will take care of this for you. They have the necessary expertise to calculate the right and fair amount of compensation, taking all these factors into account, and they will negotiate with the other side on your behalf to achieve a fair and proper settlement.

For free initial advice call our Fatal Accident Solicitors on 0330 606 9587 or contact us online and we will call you.

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I would like to take this opportunity to thank you from the bottom of my heart for helping S through this ordeal. It has been a long and difficult journey for her and your support and guidance has been invaluable. H.P.
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