Fatal Accident Examples, When Could You Claim?
This guide aims to use fatal accident examples to explain how a claim can be brought forward following the death of a loved one. Furthermore, we will look at the types of compensation that certain parties could be eligible to claim.
To make a fatal accident claim, the following must be true:
- Someone owed the deceased a duty of care.
- They breached this duty of care.
- This caused the deceased to sustain a fatal injury.
Therefore, it is important to prove how a breach of duty of care is the cause of the injury. Negligence is the breach of a duty of care that was owed to you, which caused you to sustain an injury. Some examples of people who owe a duty of care include employers, road users and medical professionals.
Continue reading to learn more about making a fatal accident claim. Additionally, speak to one of our advisors to begin a claim for fatal accident compensation. They could assess your case and offer insight into your eligibility.
- Call us on 020 3870 4868
- Fill out our claim online form
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- What Is Meant By Fatal Accident Examples?
- Fatal Accident Examples
- How To Claim For Fatal Accidents
- Fatal Accident Compensation Payout Examples
- Make A No Win No Fee Claim
A fatal accident is the most severe kind of incident that leads to the injured person’s death.
The legislation responsible for governing fatal accident claims are:
The LRMPA outlines the conditions for an estate to bring forward a claim for the deceased’s pain and suffering before death. Alongside this, the FAA provides a way for certain qualifying parties related to the deceased, called dependants, to receive compensation for the impacts of the loss.
For more information regarding fatal accident examples, contact our team of advisors. They are available 24/7 to offer free legal advice.
In the following sections, we will discuss fatal accident examples that could occur at work, on the roads or in a medical setting. In all of these situations, you are owed a duty of care. Read on to learn more.
Fatal Road Traffic And Work Vehicle Accidents
All road users, including drivers, cyclists and pedestrians, have a duty of care to navigate the roads safely and ensure the safety of other road users. The Highway Code provides safety guidelines for road users to follow, some of which are backed by law. Furthermore, the Road Traffic Act 1988 governs and sets rules for road users.
Various ways a road user could cause someone harm on the roads include:
- A driver fails to check both ways properly when pulling onto the main road from a side road. This could cause a cyclist to be hit by the car if they are not seen.
- Driving or cycling under the influence of alcohol or drugs
- Being distracted by a mobile phone and not paying attention to the road.
A road user breaching their duty of care could lead to injuries of varying severity, from minor cuts to serious head injuries. In the worst case, a driver breaching their duty of care could cause a fatal car accident.
If a road user’s negligence caused a road traffic accident where your loved one was fatally injured, UK Law could help you.
Fatal Workplace Accidents
Every employer owes their employees a duty of care outlined by the Health and Safety at Work etc. Act 1974 (HASAWA). They are responsible for providing employees with proper training, performing risk assessments, and carrying out maintenance in due time.
Therefore, a fatal accident at work could occur if an employee in a warehouse is not properly trained to use a forklift but is instructed to do so, resulting in them not knowing how to safely operate the machinery. This could result in them not safely securing the goods to the forklift and sustaining a fatal head injury.
Wrongful Deaths Due To Medical Negligence
Every medical professional, including doctors, nurses and pharmacists, owes their patients a duty to provide the correct standard of care. If they fail to meet this standard, it could have serious consequences.
For example, if a doctor prescribes the wrong medication to a patient due to negligence, it could worsen their condition, they could have an adverse reaction to the medication, and in the most severe cases, result in death. This could then lead to a medical negligence compensation claim.
To make an enquiry about any of the fatal accident examples above, contact a member of our team.
Following a death caused by negligence, only the estate of the deceased person can make a claim for the deceased’s pain and suffering and for the dependants. Although if six months pass without the estate bringing forward a claim, the dependants can then bring forward a claim for the impact that the loss has had on them.
Below are various dependants who could bring forward a claim under the FAA. This includes the deceased’s:
- Husband or wife
- Civil partner
- Someone who can prove that they were cohabiting with the deceased as a spouse for the two years prior to their death.
- Their parent or someone treated as a parent to them
- A child or descendant
- Aunt or uncle
- Brother or sister
To learn more about the eligibility criteria for making a fatal accident claim, contact our team of advisors.
Firstly, under the LRMPA, a payout could be awarded for the deceased’s pain and suffering. The amount awarded considers the extent the deceased suffered before death.
To create the following table, we have used the Judicial College Guidelines (JCG), which were updated in April 2022. Legal professionals, such as solicitors, refer to this document to help them value payouts for fatal accident claims.
|Harm Type||Notes||Compensation Brackets|
|Death with add-on claims||This award could account for the deceased's suffering and pain as well as losses affecting dependants, such as loss of service.||Up to £550,000 or over|
|Tetraplegia (also referred to as Quadriplegia)||Different various factors will be considered to calculate the amount awarded for this injury, such as the person's life expectancy, the extent of the pain they feel, and the awareness they have of their disability.||£324,600 to £403,990|
|Paraplegia||Different various factors also determine the amount awarded within this bracket, such as the person's life expectancy, the degree of independence the person will have, and the extent of pain they feel.||£219,070 to £284,260|
|Injury Resulting from Brain Damage - Very Severe||The person may have some ability to follow basic commands. However, they will display little to no meaningful response to their environment. Also, there will be little to no language function and a need for full-time nursing care.||£282,010 to £403,990|
|Psychiatric Damage - Severe||The injured person's ability to cope with daily life is a marked problem, and their prognosis is very poor.||£54,830 to £115,730|
Certain parties could also be eligible to receive compensation for the following:
- Dependency – This involves future and past loss of service, loss of earnings, and loss of companionship.
- Funeral expenses
- Bereavement – There exists a bereavement award, which is a fixed figure of £15,120. Section 1A of the FAA outlines the eligibility criteria for this award.
If you would like to enquire about what compensation could be relevant to your claim, contact one of our advisors.
You could be wondering, ‘what is a Conditional Fee Agreement?’ Using a solicitor under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement, could prove advantageous. A No Win No Fee agreement means you will not make upfront or ongoing payments for a solicitor’s services, nor will you pay for their services should the claim not succeed.
On the other hand, a successful claim will see a solicitor receive a small ‘success fee’ taken from the compensation. The figure is calculated as a percentage that the law caps. Therefore, a No Win No Fee solicitor will not overcharge you.
If you would like to find out whether you could be eligible to use a No Win No Fee solicitor, allow our advisors to assess your claim. If they find that you could bring forward a valid claim, they could place you in contact with one of the No Win No Fee fatal accident solicitors from our panel.
To enquire about anything you have read in this fatal accident examples guide, please contact us by:
- Calling 020 3870 4868
- Filling out our claim online form
- Writing to us on the live chat window at the bottom of this page
Related Compensation Claim Articles
- How To Report A Doctor For Medical Negligence
- What Are My Rights After An Accident At Work In The UK?
- How Do Hit And Run Claims Work?
Thank you for reading this guide to fatal accident examples. We hope you have found the information you need to begin your claim today.