Accidents and mishaps can happen with anyone at any time. Regardless of how careful you are in everything you do, you can’t completely eradicate the likelihood of accidents. That being said, no matter what the circumstances may be, if you lose a loved one unexpectedly, it can be horribly traumatic. The trauma is compounded if the death happened due to someone else being negligent. Nothing in the world can compensate for the loss of a loved one, but the best form of salvation you can get in this devastating time is the monetary compensation you can get by making a fatal accident claim from the party at fault to help ease the financial burden you’ll be in.
The Law Regarding Fatal Accident Claims
The Fatal Accident Act 1976 says that the dependents of the deceased person have the right to make a claim for compensation if the accident happened due to someone else’s error.
The dependent can be:
- A spouse or ex-spouse
- Someone who had been living with the deceased as a wife or civil partner for at least 2 years before their death
- Children by blood and other family members including adopted children and children through other marriages.
- Parents, grandparents, great grandparents, and any other person considered a parent-like figure by the deceased.
- Siblings, cousins, uncles, aunts, nieces, or nephews.
What To Claim For In A Fatal Accident Claim?
The circumstances surrounding every accident are different, which is why all cases are dealt with differently. The exact compensation money you will receive at the end of the claim process will also depend on these circumstances and some other factors. Typically, victims of fatal accident claims in Scotland are able to claim for compensation in the following cases:
- Pain and Suffering: if the person died because of a disease, for instance, an asbestos-like disease, or if the dead person got bed-ridden because of medical negligence demonstrated by medical professionals, this will be a claim for the pain and suffering of the deceased while they were alive and this caused the death.
- All Expenditure: this kind of compensation offers money for all the expenses borne while taking care of the injured person along with the admin expenses that are incurred while dealing with matters after the demise, like a funeral. This also includes actual costs like hospital expenses, nursing care, medicines and drugs, adaptations and changes made in the house, travelling expenses, and more.
- Loss Of Earnings: if the death did not occur immediately, the deceased and their family must have suffered greatly from the loss of earnings because they wouldn’t have been able to work and get paid. This loss of earnings will also be taken into account.
- Loss Of Services: the dependent can also claim compensation for the loss of service if the deceased used to provide services like housework, childcare, gardening, plumbing, electric work, and other DIY works. If, for instance, the deceased was the only caretaker of other sick people in the family, the cost of hiring their replacement will be considered.
- Loss of Dependency: this is the biggest of all fatal accident compensation claims. This is applicable if the deceased person has left dependents who completely relied on his/her income. This amount will completely depend on the deceased’s income. This account loss of pension along with other allowances and bonuses like healthcare benefits and company cars will also be taken into account.
Why Hire a Solicitor In Fatal Accident Claims?
The legalities and intricacies of law in fatal accident claims are very challenging and complicated. This requires a lot of research and sound decision-making, in a time when you’re already grieving such a huge loss. Answering so many questions and navigating your way through complicated legal matters can drain you emotionally.
This is why it is advisable to hire a professional fatal accident solicitor. At Hamilton Douglas Legal, our solicitors will work for your case on a no win no fee agreement. Our expert lawyers will give a free consultation where they’ll carefully examine the merits of your case. To make sure your case becomes a strong one and you receive fair compensation, you will be required to keep all the documentary evidence related to the accident safe. These documents include salary slips, medical bills, a letter from the employer, witness statements, copies of the police statement, photos of the injury and accident, and any receipt of any expense pertaining to the accident or illness and subsequent death.