Fatal Injury Claims *
A fatal accident claim * is a legal action taken whereby a person dies as a result of the wrongful act of another. The loss of a loved one due to a fatal accident is difficult to put into words. In this event, although the loss cannot be compensated for, the financial burden that their dependents bear thereafter can be alleviated through the fatal accidents claims process.
When do claims arise?
Fatal accident claims or fatal injury actions arise in situations where a person has died as a result of the wrongful acts of another person. It is the dependants of a deceased person that bring a fatal accident claim against that wrongdoer.
The relevant legislation (Part 4 of the Civil Liability Act, 1961) states that only one claim may be brought against the same person in respect of the death and it must be brought on behalf of all the deceased’s dependants. If you have had the terrible experience of losing a loved one and think you may qualify for a fatal accident claim *, it is important to contact a personal injury * solicitor.
An important aspect to consider in any personal injury claim * is to get evidence of the damage caused. This is usually demonstrated by medical evidence such as medical records or a report from a medical practitioner supporting the claim.
It goes without saying that the damage caused by a fatal accident injury * is death.
The different types of cases usually surrounding a fatal accident claim * includes:
- Accidents at work
- Road traffic accidents
- Criminal Injuries Compensation Tribunal cases
- Garda compensation
How is compensation calculated?
A defendent is only entitled to make a claim in a fatal accident claim * if they have suffered financial loss or mental distress as a result of the death of a loved one.
The legislation permits a claim to be brought under three headings –
A person who was financially dependent on the deceased may suffer financial losses in the event of their death, for example, the surviving spouse and immediate family. The onus is on the person making the fatal accident claim to prove the financial loss that they and each dependent suffered. They do this by proving how much they would have received had the deceased lived, this may involve actuarial calculations.
Funeral expenses can include the usual costs of burial/cremation and a headstone. Other expenses that can be included are the costs of acknowledgement cards, travelling expenses etc.
The amount awarded to dependents of a deceased person for mental stress following a fatal accident is known as solatium. The maximum amount of fatal injury compensation for this aspect is €35,000. The solatium claimed is intended as an acknowledgement of grief rather than any attempt at compensation for it. To this figure would be added financial dependency loss into the future.
While this may help relieve the financial burden in the short term, it will never replace a loved one. We understand that this is a very difficult time and are here to help you move through the fatal accident claim process with ease. Should you wish to discuss, feel free to contact our office for further information on making a claim *.
Making a Claim
The legal representative of the deceased has a period of 2 years from the date of death to bring forward legal proceedings to seek a fatal accident claim *. A fatal accident claim * is most commonly brought up to protect the name and reputation of the deceased. If the deceased person is found to have contributed to their own death there will be a deduction for that factor of contributory negligence. This deduction is carried out at the discretion of the court, this is dependent on the circumstances of each individual case. To pursue a claim it is important to note that you need to be dependent on the deceased for financial support, have suffered financially and emotionally due to the fatal accident and be related to the deceased. Dependents usually include:
- Partner or former partner
- Brother or Sister
The losses suffered by the financial dependent of the deceased are evaluated under the following headings:
- Loss of services provided by the deceased,
- Loss of financial dependency since the accident,
- Loss of future dependency prior to retirement,
- Loss of future financial dependency after retirement,
- Accelerated value of deductible assets passing on death.
Depending on the case, the court may decide to instruct the offender to pay you a settlement amount for the ordeal you had to go through. Our team of experienced fatal accident solicitors can help you through this process.
TELL US ABOUT YOUR CASE
If you have suffered financially or emotionally from a fatal injury of a loved one, our team of local personal injury solicitors * in Dublin are available to answer any queries you may have. For a confidential discussion, please call Tracey Solicitors on 01 649 9900 or email firstname.lastname@example.org to tell us about your case.
With 30 years’ experience as specialist personal injury solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.