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Fatal Accident Compensation Claims

If your loved one has died following an accident caused by someone else’s negligence, the feelings of loss, devastation, and anger can be overwhelming.

Although seeking compensation may be far from your mind, it can help ease any financial pressure and allow you to grieve without having to worry about hurrying back to work before you are ready. Our Personal Injury Solicitors know that compensation can never change what happened. However, if you want to claim compensation, we are here to advise and support you with compassion and sensitivity. You can rely on us to take care of every aspect of the compensation claim process and point you in the direction of services we trust if you need further support.

Why choose Nayyars Solicitors

We are a family-owned and operated firm that puts client care and relationships at the heart of everything we do. You can rely on our team to be by your side throughout the claims process. Fatal accident compensation claims require specialist experience, and you need to trust that your Solicitor understands the two pieces of legislation that govern fatal accident claims, namely, The Fatal Accidents Act 1976 and The Law Reform (Miscellaneous Provisions) Act 1934. You also need to know that they will be supportive and gentle when talking to you but assertive and tenacious when it comes to getting you the compensation you need. Everyone on our team is dedicated to client care and ensuring no stone is left unturned when it comes to making successful fatal accident compensation claims.

Ayesha Nayyar, our founding partner, has over 20 years of experience in personal injury and medical negligence law. She has authored articles for numerous publications and blogs and lectured extensively on the topic. She also has her own live call-in show on the local radio and has appeared in and co-presented various prestigious TV productions, including those produced by the BBC.

To find out more about how we can advise and support you with making a Fatal Accident Claim, please call us on 0333 123 1331 or fill in our contact form, and we will get back to you as soon as possible.

What sets us apart:

Frequently Asked Questions

The Fatal Accidents Act 1976 allows dependents of a person who has died following an accident caused by someone else’s negligence to claim the following compensation:

  1. Statutory Bereavement Award (currently a lump sum of £15,120;
  2. Loss of Consortium (also known as loss of a special person);
  3. Loss of Past and Future Financial Dependency on the Deceased’s income;
  4. Loss of Past and Future Services Dependency on the Deceased’s services;

In contrast The Law Reform (Miscellaneous Provisions) Act 1934 allows Executors to make a claim on behalf of the deceased’s Estate.

The Estate can claim for:

  • Pain and suffering– this compensates for the pain, suffering, and loss of life’s comfort and enjoyment between the date of the deceased’s accident and their death.
  • Past losses– claims for expenses sustained by the deceased following the accident and up to the date of death. They can include things such as loss of earnings, medical expenses, travel and parking charges, and care costs.

Funeral expenses can be claimed under either Act; however, double recovery is not allowed.

The following people are eligible to make a dependency claim:

  • The deceased’s spouse or civil partner
  • In limited circumstances, a former spouse of the deceased
  • A partner of the deceased (who had been living with the deceased for at least two years immediately prior to death)
  • A child of the deceased
  • A parent of the deceased
  • A brother, sister, aunt, uncle, niece, nephew or cousin of the deceased
  • Any other person who was considered by the deceased as a child of the family

The list of people who can make a claim for a Statutory Bereavement Award is narrower than those who can claim as a dependent, namely:

  • A wife, husband or civil partner of the deceased;
  • An unmarried couple who can prove that they were living together for at least two years prior to the death;
  • In respect of a deceased unmarried child under 18, the parents (who split the award). If the parents of the child were unmarried at the date of death, only the mother can claim.

We understand that the eligibility list is frustratingly restrictive. Therefore, we will look at all other types of compensation that you may be able to claim.

You must make a fatal accident compensation claim within three years of your loved one’s death or three years from the date you became aware that an accident or industrial disease caused their death.

Fatal accident claims can be complex. We have extensive experience in dealing with these types of claims and will ensure your application and the calculation of your claim progresses smoothly.

By instructing us, you will not have to deal with the complexities of making a claim and answering questions from insurers etc. This can be highly stressful at a time when you are grieving and dealing with the financial and emotional impact of a loved one’s death. Our team will support you throughout the entire claims process and ensure you are protected from having to deal with the details and any negotiations.

If we can take on your case, we can offer a No Win, No Fee agreement. This means you will not have to pay any money upfront for your legal fees. You will have to pay expenses related to your case. These are known as disbursements and include things such as court or expert report fees. Disbursements can be covered by an insurance product called After the Event Insurance. After the Event Insurance can also cover any Court Order to pay the other side’s costs if you lose your claim.

If you win your case, the other side is likely to be ordered to pay most of your legal costs and our legal fees. We will take a success fee in recognition of taking on the risk of your claim, and the percentage will be agreed in advance. The most important thing is you do not have to take on any risk because if you lose your claim, you will not pay any legal fees, and the disbursements will be covered by insurance.

You can be completely confident that there are no hidden costs. As an SRA regulated law firm, we have a legal duty to be fully transparent with you regarding how much you will pay.

Let us advise and represent you on your personal injury claim. You can trust that we will always be on your side, protecting your best interests, and working tirelessly to get you the compensation you need.

Contact us on 0333 123 1331 or fill in our contact form and we will get back to you as quickly as possible.

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