In this guide, we look at how fatal accident solicitors. This could be due to a loved one passing from injuries that were caused by accident. It can be a devastating time, and the last thing on your mind is making a fatal accident claim. However, if you believe an employer’s negligence caused the accident, you could be eligible to make a claim for compensation.
This guide will walk you through the different ways a fatal accident could occur in the workplace, as well as how you could make a claim on behalf of a loved one who had suffered the fatal accident. We will also discuss the forms that compensation could cover and if you could be eligible to make a claim.
Get in touch with us today, and we can arrange a free session to discuss your legal options. We will be able to tell you if your claim would be successful and put you in touch with our solicitors.
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Fatal accident solicitors guide
What Are Fatal Accident Solicitors?
A fatal accident is one in which someone loses their life. If your loved one is involved in a fatal accident as a result of negligence, then you could be entitled to make a claim.
Negligence is where someone breaches the duty of care that they owe you. It can pose a risk of injury.
Employers owe those who work for them a duty of care according to the Health and Safety at Work etc. Act 1974. This states that they need to take all reasonably practicable steps to ensure the safety of their employees. If they fail to do so, and a fatal accident occurs as a result, then you might be able to claim.
If you have any questions about the process of claiming, or how fatal accident solicitors could help you, then speak with a member of our team today.
Figures For Fatal Work Accidents
Over the year 2020/21, there were a total of 142 employees who were fatally injured at work. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) is a piece of legislation that dictates that certain incidents need to be reported to the Health and Safety Executive. This includes the death of any person that occurs as the result of a work-related accident.
The most common type of fatal accident that occurred in workplaces in 2020/21 were falls from a height, with 35 incidents. This was followed by being struck by a moving vehicle with 25 instances reported.
Calculating Fatal Accident Compensation Amounts
In a fatal accident claim, compensation can be sought for the pain and suffering of the deceased. This head of the claim can be valued with the help of a publication called the Judicial College Guidelines.
We’ve included some excerpts from these in the table below. You can use this to see how much could be awarded in a fatal accident claim. However, please be aware that these figures are just guidelines, and the amount you receive could vary.
| Types of injuries | Brackets of compensation | Description of injury |
|---|---|---|
| Fatality plus add on claims | Up to £550,000 and over | Settlements will take into account the pain of the deceased and the losses that impact any dependents. |
| Quadriplegia | £324,600 to £403,990 | Various factors will be taken into account, such as level of awareness and the degree of pain. |
| Brain Damage | £282,010 to £403,990 | The injured person does not exhibit any meaningful interaction with their environment. |
| Paraplegia | £219,070 to £284,260 | Various factors will be taken into account, such as level of awareness and the degree of pain. |
| Psychiatric Damage | £51,460 to £108,620 | A severe case of psychiatric damage that has affected the way the injured person can cope with their relationships and life in general. |
The Fatal Accidents Act 1976 outlines the relatives who are able to bring forward a fatal accident claim. This can include:
- Spouses or civil partners, or former spouses or civil partners
- Anyone who lived with the deceased for two years as husband and wife before their death
- Parents or other ascendents of the deceased, or someone who the deceased treated as a parent
- A child or other descendant of the deceased, or someone who was treated as a child through marriage or civil partnership
- The brother, sister, uncle or aunt of the deceased, or any of their issue
Some of the factors that can be included in a fatal accident claim include:
- Funeral costs
- Dependency award if you were financially dependent on the deceased
- Loss of services. If the deceased performed certain services while they were alive, you could be compensated for this.
- Loss of consortium. This payment can compensate you for the loss of companionship or the impact the death has on familial relationships
Bereavement Award
Certain qualifying relatives can be eligible to receive a bereavement award. This is a fixed sum of £15,210 and can only be paid to:
- The wife, husband or civil partner of the deceased
- Someone who cohabited with the deceased for 2 years before their death as spouses or civil partners
- If the deceased was unmarried and a minor, their parents (or mother, if illegitimate)
If more than one party wishes to claim this award, then the amount will be split evenly. They will not receive the full amount each.
For more information on claiming after a fatal accident, speak with our team. You could be connected with one of the fatal accident solicitors on our panel if your claim is valid.
Reasons For Fatal Workplace Accidents
Fatal workplace accidents can happen in a number of ways in many different kinds of workplaces. As well as more traditionally hazardous environments, fatal accidents could also occur in spaces such as offices. However, a claim could only be made if the accident happened because of employer negligence.
The following are some examples of how fatal accidents at work can occur:
- Slip, trips and falls. An employer could fail to provide a construction worker with the non-slip shoes that they require to work safely at a height. As a result, the employee falls and sustains a fatal injury to the head.
- Lack of maintenance of machinery could result in a faulty emergency stop button that is not spotted. As a result, the employee’s chest is crushed, resulting in a fatal factory accident.
- Lack of up-to-date training. For example, someone who has not received training on how to drive a forklift truck could cause a fatal forklift accident as a result.
For more information, contact our advisors. The details are at the top of the page.
What Evidence Could Fatal Accident Solicitors Find For Your Claim?
As with all claims for compensation, it’s important that you provide evidence to support a fatal accident claim. Fatal accident solicitors can help you with the process of collecting evidence.
You could provide:
- Photographs of the scene of the accident
- Photographs of the injury
- Recordings of the accident, for example, CCTV footage
- Contact information of the witnesses so that a statement can be taken
- Evidence of financial losses, such as records of the amount spent on a funeral
What Does A No Win No Fee Agreement Include?
No Win No Fee agreements give claimants an opportunity to acquire the legal services from fatal accident solicitors without having to pay for any legal fees upfront. A Conditional Fee Agreement is a popular kind of No Win No Fee agreement.
With this kind of agreement in place, you wouldn’t need to pay your solicitor upfront or as they work on your claim. You also don’t pay them for the work they have done if you’re not awarded compensation.
If you are awarded compensation, your lawyer will deduct a success fee from your compensation. This is legally capped, ensuring that you receive the majority of the compensation you’re awarded.
Our advisors can offer more information about these agreements and how they could benefit you. Get in touch for free legal advice.
Discuss Fatal Accident Solicitors
If you need any further information, you can get in contact with us today. We have a team of advisors that are available to discuss your claim with you. This is a free service and is available 24 hours a day, 7 days a week.
Get in touch with us today:
- Call the number above
- Contact us through our contact form
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Further Information About Fatal Accident Solicitors
We have collected some external sources from other websites that you might find useful:
- NHS – When to call 999
- HSE – Workers’ health and safety
- GOV.UK – Requesting CCTV footage
- Head here to learn more about fatal accident at work claims
- Tips and advice on claiming fatal injury compensation
- Who can make a fatal accident claim? – check the eligibility criteria here
- Fatal accident examples – see if your own circumstances match others
- Learn more about fatal accident compensation payouts here
- Head here to check the average compensation payouts for a fatal accident
If you have any questions about working with fatal accident solicitors, contact us today.
Writer Lizzie Wynn
Publisher Fern Summers
