Fatal Claims

The deceased’s personal representatives (executors or administrators) bring claims on behalf of the estate and dependants. Claims are made under the Fatal Accidents Act 1976 and Law Reform Act 1934. Only certain people can claim as dependants including spouses, civil partners, former spouses, cohabitants, parents, children, and anyone financially dependent on the deceased.

The personal representative coordinates the claim but dependants receive compensation directly. If there’s no Will, someone must apply for letters of administration to act as personal representative. We can advise on administration and coordinate claims efficiently.

Families can claim bereavement damages (currently £15,120 for deaths after April 2020) payable to spouses, civil partners, or parents of unmarried minor children. Dependants can claim for loss of financial support they received or would have received from the deceased, calculated until their own retirement or life expectancy.

Claims also include loss of services the deceased provided like childcare, DIY, or gardening, valued at commercial replacement cost. Funeral expenses are recoverable. The deceased’s estate can claim for pain and suffering before death and loss of earnings during survival period if any.

Proving causation requires expert medical evidence showing that care fell below the expected standard and caused or materially contributed to death. This means showing that with appropriate care, death would have been avoided or postponed.

Causation is often complex and contested. Defendants may argue that the death would have occurred regardless of any failings. We appoint leading experts across relevant specialties who can establish on balance of probabilities that negligence caused or contributed to death.

Pre-existing conditions don’t prevent claims if medical negligence hastened death or caused death that proper care would have avoided. Many fatal negligence cases involve vulnerable patients with existing health issues. The question is whether appropriate medical care would have prevented or postponed death despite underlying conditions.

For example, cancer patients with limited life expectancy can still claim if negligent care shortened their survival. Elderly patients with multiple conditions may still have a claim if care fell below the expected standard and caused an earlier death than would otherwise have occurred.

Fatal medical negligence claims must be brought within three years of death or three years from when personal representatives knew or should have known about potential negligence. For children who die, claims must be brought within three years of death even though living children would have until age 21.

We recommend seeking advice reasonably soon after death if you suspect negligent care. Investigating fatal claims requires reviewing medical records, obtaining expert evidence, and gathering evidence about dependency. Early instruction ensures important limitation deadlines aren’t missed.

Bereavement damages go to the people the law says are entitled to it (spouses, cohabiting partner or parents of a minor). Dependency compensation goes to individual dependants based on their specific losses. Funeral expenses go to whoever paid them. Estate claims for pre-death pain and suffering and lost earnings form part of the deceased’s estate distributed under their will or intestacy.

The personal representative who has brought the claim has a legal duty to distribute the settlement funds so that each dependant receives appropriate compensation for their losses. In complex cases with multiple dependants, court approval of settlement distributions may be needed.

Most hospital deaths are reported to Coroners who decide whether inquests are needed. Inquests investigate how people died, particularly if deaths were unnatural, unexplained, or possibly resulted from medical care. Inquests aren’t compensation processes but establish factual causes of death.

Inquest findings can help or hinder negligence claims. In some cases, we can represent families at inquests ensuring relevant questions are asked and concerns raised. Inquests must conclude before negligence claims can settle. We coordinate inquest representation and subsequent negligence claims efficiently.