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Fatal Accidents

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Fatal Accident Compensation

Law Society Accredited - Practice Management Standard
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Losing a loved one in a fatal accident causes immeasurable pain and suffering. The emotional impacts will be felt throughout the family forever.

We understand that embarking on a legal process to obtain compensation is probably the last thing on your mind, but if someone else is to blame for what happened, you are entitled to a settlement.

You probably want answers, but it can be difficult to know where to turn or what to do next. Trust us to help you. Our specialist Fatal Accident Solicitors have the competence and expertise you need at this difficult time.

When someone or something is to blame for the loss of a life, there may be an investigation by the police investigation, the Health and Safety Executive (HSE), the coroner and possibly an inquest.

The aim of these processes is to reach a full understanding of what happened to your loved one. Our team of Fatal Accident Lawyers will support you throughout, and make sure all the necessary evidence has been found and examined appropriately.

No amount of financial compensation can ever fill the void left by losing someone, but there may be money available to ease the burden of other consequences. We are here to ensure you receive the compensation you rightly deserve.

Our specialist and accredited Personal Injury Solicitors have a great deal of experience in securing fatal accident compensation.

We support families throughout the entire process.

From claiming for your bereavement and recovering your losses, to reviewing your financial dependency and then making the necessary claim.

The death of a loved one is clearly one of the worst things that can happen to a person. Whether the accident happened on the road, at work or through medical negligence, our compassionate and experienced Fatal Accident Solicitors will guide you sensitively through the claims process to ensure you receive the maximum compensation you are entitled to.

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Thank you very much. I never believed I would receive such a large sum of money. Your service is friendly and impeccable and I would certainly recommend you, in fact I already have.

Mr S Chester 5 Star

I would like to thank the team at the Wrexham office for everything they have done for me and for reaching settlement. I will definitely recommend PSR

Mrs H Wrexham 5 Star

My case was handled in a courteous and professional manner from beginning to end. I was kept informed throughout and the settlement obtained was very satisfactory.

John Rossiter 5 Star Google Rating

I found PSR solicitors very help full and professional in their handling of my claim and would recommend the firm to any one.

Kevin Fay 5 Star Google Rating

I’m incredibly grateful to all at PSR Solicitors. I was sceptical at first of the ‘No Win, No Fee’ basis simply due to never taking legal action before. However, I will have no hesitancy recommending you to other who find themselves in similar circumstances. I’m really pleased with the result.

Mr J Cheshire 5 Star Google Rating

Fatal Accident Solicitors

Fatal accidents have far-reaching effects on the family and friends of the deceased. If it’s a parent, the whole-life effect on children can be both significant and irreconcilable.

The effects on parents if they lose a child are equally devastating, especially when their loss has been caused by fault or negligence of others.

The police or the Health and Safety Executive are normally involved in the commencement of an investigation where a death has occurred due to an accident.

They will investigate what went wrong, gather all the relevant evidence, and then make a decision whether to prosecute the person or company who is responsible.

When we take the matter on we often have to wait until these investigations are complete before then approaching the insurer of the responsible party and proceeding with a fatal accident claim.

If you have lost someone in a fatal accident and want free advice from a fully qualified personal injury solicitor about claiming compensation, then please contact us now.

We understand that this is the most difficult type of compensation claim to make as no matter how much we can help, we are limited by the laws we operate under.

The complicated rules governing such cases are found in the Fatal Accidents Act 1976 which has recently been amended to broaden its scope.

This is because traditionally there has been little room for negotiation as the Act sets out what is covered, such as an award for bereavement (a fixed amount which was increased from £12,980 to £15,120 from May 2020) or the recovery of funeral expenses, and also limits who can claim and the amounts of compensation.

Who can make a claim for fatal accident compensation?

The Executor or Administrator of a person’s Estate, is responsible for dealing with the deceased's assets, property and money, and this includes any legal claims.

Certain individuals related to the deceased are also entitled to make a claim for loss of services or financial dependency.

These are:

  • a spouse
  • a civil partner
  • a cohabiting partner (providing they'd been living together for at least 2 years)
  • parents or grandparents
  • someone they treated as a parent
  • children, stepchild or other descendant
  • siblings

Any claims by either the relatives or the Executors of the Estate should be made at the same time.

What can be included in a fatal injury compensation claim?

There are two main pieces of legislation put in place to extend the rights of the deceased to make a claim after their death, allowing their Estate or close family members to claim on their behalf.

These satutues are the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976.

Law Reform (Miscellaneous Provisions) Act 1934

Under the LR(MP)A 1934, a claim may be made by the Executors of the Will, the Administrators if there isn’t a Will, or the claim can be brought directly by the beneficiaries of the estate.

Claims under this act can include:

  • General damages - this is a claim for the pain, suffering, and loss amenity from the date of the accident to the date of death. The amount of compensation depends on how severe the suffering was and the length of time between the accident and the date of death.
     
  • Funeral expenses including the headstone where the Executor or Administrator of the estate is not a dependant of the deceased.
     
  • Probate fees - they are not strictly recoverable but some insurance companies will pay them. Financial losses from the date of the accident to the date of death such as lost earnings, medical expenses, and damage to personal property.

Fatal Accidents Act 1976

Claims under this act are made by any dependants of the deceased and can include claims for the following:

  • A bereavement payment - this amount is set by the government and is currently £11,800 for deaths before 1 April 2013, £12,980 for deaths occurring after 1 April 2013 and £15,120 for deaths occuring after 1 May 2020.
     
  • Any claim where there was a reasonable expectation of pecuniary benefit and this may include money, property, and services. For example loss of money brought into a household, loss of fringe benefits e.g. company car, loss of anticipated gifts, loss of pension, loss of gratuitous services e.g. DIY.

Are there any time limits for making a claim?

We understand that you might not be ready to speak about the accident in the first weeks and months after it has happened.

In the majority of situations, the time limit is three years from the date of the accident, so you have plenty of time to gather your thoughts before you embark on your claim.

The three year time period starts from the date of death or from the date the death was linked to the accident.

To start court proceedings after the end of the 3 year period you will generally need the permission of the court to continue with your claim.

However, court permission is granted subject to very strict criteria and is not guaranteed. It is therefore extremely important to ensure that court proceedings are commenced within the 3 year period.

There are important steps to complete before a solicitor can issue your claim, so we do recommend seeking advice as early as you possibly can.

Contact PSR about making a Fatal Accident Compensation Claim

For a free, no-obligation consultation contact us today for a swift and effective response from our solicitors.

We have offices throughout North Wales and Cheshire and you can contact us safe in the knowledge that one of our expert solicitors will take care of everything for you in a sensitive and understanding manner during what is likely to be one of the most traumatic periods of your life.

With offices in Wrexham, Colwyn Bay, Rhyl, Shotton (Deeside), and Ellesmere Port, PSR are a leading firm of Injury Solicitors in Wales and Personal Injury Lawyers in Cheshire.

We regularly act for clients on serious injury claims across North Wales, Cheshire, Merseyside, and Liverpool. As recognised fatal accident specialists we can support your needs wherever you live in Wales, England & Northern Ireland.

To get in touch with a professional serious injury compensation claims lawyer please call freephone  0800 020 9167 or use the contact form on this page to make an online enquiry.

Contact the Expert Accident Claims Solicitors Today 

If you, or a loved one, has been involved in an accident resulting in a serious injury, you need a specialist personal injury law firm with the know-how and capability to ensure your recovery and compensation claim get the very best advice, support and outcomes. Contact us today and speak to one of our team so that we can help get life back on track.

Richard Layfield

Richard Layfield

Solicitor - Head of Personal Injury

As an experienced personal injury and civil litigation Solicitor, I represent Claimants in all manner of personal injury case work including injuries as a result of Road Traffic Accidents, Accidents at Work, and Occupiers Liability Accidents. I handle all types off personal injury claims from the minor right through to complex, serious injury claims.

Richard Layfield

Solicitor - Head of Personal Injury

I've been a Solicitor at PSR Solicitors since March 2013 and now take full responsibility for leading the Rhyl Office. 

I completed both my Law LLB and LPC degrees at Cardiff University, graduating in 2008 and 2009 respectively.  Thereafter, I completed my 2-year training contract at a firm based in Cardiff, then retained by this firm as a Criminal Defence Solicitor until I decided to relocate up to North Wales, for the countryside and the people.. 

As an experienced personal injury and civil litigation Solicitor, I represent Claimants in all manner of personal injury case work including injuries as a result of Road Traffic Accidents, Accidents at Work, and Occupiers Liability Accidents. I handle all types off personal injury claims from the minor right through to complex, serious injury claims. 

Outside of work I'm a keen rugby fan, who enjoys running and travel. 

Shotton Office, Rhyl Office, Ellesmere Port Office, Wallasey Office

  •  01745 345355
Richard Layfield
OUR PERSONAL INJURY TEAM
Paul Rossiter

Paul Rossiter

Managing Director

Shotton Office, Wrexham Office, Rhyl Office, Colwyn Bay Office, Ellesmere Port Office, Wallasey Office

Paul Rossiter

Managing Director

I am the Managing Director of PSR Solicitors. After working in various law firms, both small high street firms and a larger practice in Manchester, I saw a gap in the market for a high quality practice that had the same core high street values of being personable and approachable and combining them with the efficiency and professionalism of a larger practice.  PSR Solicitors was therefore established in 2009 in Shotton, Deeside with this aim. Since then PSR Solicitors has provided high quality legal services to local clients throughout North Wales and Cheshire.  

I live in Chester with my young family and 2 dogs and enjoy regular holidays along the coast of North Wales.

I have recently been asked to join the board of trustees at Platform For Life, a mental health counselling charity in Chester. Good mental health is the foundation of a more fulfilled, happy and healthy life, yet many families struggle to access the help and support they need to achieve it. Platform for Life offers free local counselling and play therapy for families who would otherwise not be able to afford it.

  •  01244 810830
Paul Rossiter
Richard Layfield

Richard Layfield

Solicitor - Head of Personal Injury

Shotton Office, Rhyl Office, Ellesmere Port Office, Wallasey Office

Richard Layfield

Solicitor - Head of Personal Injury

I've been a Solicitor at PSR Solicitors since March 2013 and now take full responsibility for leading the Rhyl Office. 

I completed both my Law LLB and LPC degrees at Cardiff University, graduating in 2008 and 2009 respectively.  Thereafter, I completed my 2-year training contract at a firm based in Cardiff, then retained by this firm as a Criminal Defence Solicitor until I decided to relocate up to North Wales, for the countryside and the people.. 

As an experienced personal injury and civil litigation Solicitor, I represent Claimants in all manner of personal injury case work including injuries as a result of Road Traffic Accidents, Accidents at Work, and Occupiers Liability Accidents. I handle all types off personal injury claims from the minor right through to complex, serious injury claims. 

Outside of work I'm a keen rugby fan, who enjoys running and travel. 

  •  01745 345355
Richard Layfield
Mark House

Mark House

Solicitor - Head of Litigation

Shotton Office, Wrexham Office, Colwyn Bay Office, Wallasey Office

Mark House

Solicitor - Head of Litigation

I completed my law degree and legal practice course at Nottingham Law School, before qualifying as a solicitor in 2004. I then worked at a specialist personal injury firm in the East Midlands and a leading regional firm, before joining PSR in 2017.

With PSR I've continued to specialise in acting for Personal Injury claimants and have developed a keen understanding of the procedures and tactics involved in pursuing a claim, as well as the difficulties and concerns faced by people who have suffered as the result of an accident.

Since 2014 I've been proud to help hundreds of people. I've represented the public in all manner of injury claims, including serious orthopaedic injuries, brain damage, and psychological trauma. I was instructed to deal with claims for clients in the aftermath of the Potters Bar rail crash and the Penhallow hotel fire.

In addition, I represent clients in relation to all manner of disputes. I have dealt with professional negligence claims, such as those against solicitors and builders. I have helped clients recover money which is due to them and to dispute invoices which have been sent to them. I have helped business defend claims against them. I have tackled neighbour and boundary disputes.

I live locally to the Colwyn Bay office, and outside of work, I enjoy taking advantage of the coastal and mountain outdoor activities which are available on the doorstep. I'm also heavily involved with an outdoor pursuits charity, which I find an enjoyable and rewarding way of using my free time.

  •  01492 531180
Mark House

Your questions answered

If your spouse or partner has been fatally injured in an accident, we know you'll be struggling to come to terms with your loss and adjusting to life without them is hard. But we appreciate that in some cases, you may have been dependent on their income or abilities, leaving you in a very difficult and stressful situation now they're gone.

A fatal accident compensation claim is not simply designed to compensate you for the loss of a loved one but is also designed, if appropriate, to compensate you for the loss of the financial contribution that the deceased would have made to the family. This could be in the form of lost income or the loss of 'services' that they provided such as looking after the children.

The loss of a loved one can cause considerable financial strain for those left behind, with mounting costs for such things as funeral arrangements, legal fees and many other unexpected costs, which can have a serious impact on your financial and mental health. In some cases, where the house you live in was owned by the deceased, you may also be worried about losing your home if it wasn't left to you in their will.

All these issues are not things you should have to face on your own and PSR Solicitors are here to support you and help you claim the fatal injury compensation you deserve.

The first step towards making a fatal accident claim is contacting a suitably skilled and experienced serious injury lawyer, such as one of the expert team at PSR Solicitors.

When you initially contact us to discuss your case, you're under no obligation to start a fatal accident claim, but if you do decide to pursue a claim, either at the time or at a later stage, you will be transferred to a specialist lawyer who will provide a no-obligation, free initial assessment of the merits of your claim and will discuss how they will be able to help you.

At such a difficult time, many people who contact us are worried that they'll have to go to court in order to make a compensation claim. In the vast majority of cases, around 95%, this is not necessary, but if your case does need to go to court, your solicitor will be on hand to support you and guide you through the process.

Typically, when a fatal accident claim is made, you are entitled to claim compensation on the victim's behalf (sometimes referred to as a victim's claim). Alternatively, if you were dependent on your loved one's income, you can make a claim to cover the loss of the financial support they provided (also referred to as a dependant's claim).

Any type of accident or negligent behaviour, if serious enough, can lead to a fatality and a potential fatal injury claim by a loved one. Whilst any type of injury has the potential to lead to the loss of life, there are some accident types that are more likely to result in a fatality, and potentially a successful claim for compensation.

Road traffic accidents

Dangerous driving and driving a car at excessive speed are common causes of fatal road traffic accidents. In fact, in 2020, which included a three-month national lockdown when roads across Britain were almost deserted, government figures show there were a total of 1,580 reported road deaths. 

Workplace accidents 

There were a reported 111 deaths due to work accidents in 2019/20. The construction sector accounted for the greatest number of these, with agriculture, forestry and fishing, waste & recycling, manufacturing and transport & storage, making up the top 5 most dangerous sectors to work in in the UK. 

Industrial diseases and illnesses

Whilst 111 people lost their lives in accidents at work, many more lose their lives to prolonged exposure to harmful substances in the work, with figures from the Health and Safety Executive (HSE) suggesting that there are an estimated 12,000 lung disease deaths each year due to past exposure at work. Even if your exposure to a harmful substance was a long time ago, we may still be able to help you.

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