Catherine O'Hanlon, Partner - Disputes Resolution
A fatal accident can happen at any time and any place and can happen as a result of a road traffic accident or even an accident at work. One thing is certain, you and your family will have your lives turned upsidedown after the death of a loved one in an accident that was not their fault.
Depending on the accident circumstances, you may be able to make a claim for compensation and although no amount of money can make up foryour loss, compensation will help you and your family financially whilst you try to come to terms with your loss. After all, losing income from one memberof the family would cause serious financial difficulties for most.
Making a compensation claim is not easy. You will have to talk about the accident and what happened to your loved one. This will be an emotional time for you and it will be distressing for you to recount the circumstances of the accident, but it is necessary. In addition, it helps to understand exactly how you and your family have been effected by the loss of your loved one.
Your claim will be made up of a number of parts. These are usually called heads of claim. If your loved one did not die immediately after the accident, you could claim for their pain and suffering before they died. You can also claim for the cost of their funeral.
Additionally, there is an amount payable to a spouse or parents of someone who dies, known as statutory bereavement damages.
You can also bring a dependency claim where you relied on your loved one financially. There are a number of calculations that will be carried out based on age, expected life expectancy, current income, future potential earnings, pension and even bonus payments and overtime.
You have three years from the date of your loved ones death to make a claim, but you should seek advice as soon as possible to give your solicitor plenty of time to investigate your claim.
Formore information about this article or any aspect of our personal legal solutions, please call Catherine O’Hanlon on +44 (0) 28 9077 4500
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