Fatal Road Accident Claims *
A fatal road accident claim * is legal action taken whereby a person dies as a result of a road traffic accident due to the wrongful act of another person. Unfortunately, fatal road accidents * happen on a regular basis. The financial burden that their dependents bear thereafter can be alleviated through the fatal road accident claims * process.
Common types of fatal road accident claims *
Fatal road accidents * are most commonly caused by reckless drivers on the road. A car can collide with a pedestrian, a motorcycle, a bicycle or another vehicle which, unfortunately can lead to a fatal injury for one or more of those involved. Some examples of reckless driving causing a fatal road accident * include:
- Driving while talking on a mobile phone
- Fatigue driving
- Driving while under the influence of alcohol or drugs
- Dangerous overtaking
- Intercepting the path of another vehicle
- Driving recklessly through a red light
All users of the road have a responsibility to abide by a set of safety rules and regulations. If a fatal road accident injury * occurs as a result of another driver breaching the rules of the road you may be able to qualify to seek a legal remedy for the error made.
Who can make a claim?
Wrongful death from a road traffic accident * occurs when a person dies in a road collision due to the negligence or wrongful acts of another road user. The person who brings legal proceedings forward against the person accountable is known as the dependent. 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 dependents. Dependents typically include:
- Partner or former partner
- Brother or Sister
- Aunt or Uncle
- Stepmother or Stepfather
- Stepbrother or Stepsister
If you have had the traumatic experience of losing a loved one and think it may have been caused by the wrongful act of another person you might be able to qualify to seek a legal remedy for the error *.
A dependent of the deceased is only eligible to move forward with a claim if they have experienced PTSD as a result of a loved one or financial loss. The legislation (Part 4 of the Civil Liability Act, 1961) states that only one claim can be brought forward against the same person in respect of the death, this claim must be on behalf of the deceased dependents.
The legislation allows a claim to be brought under the following three headings.
A financial loss can consist of a person who was financially dependent on the deceased and may suffer financial losses as a result of their death. The focus is on the person making the fatal road accident claim * to prove the financial loss that they and each of the dependents suffered. Actuarial calculations may be necessary as this evidence is presented by showing how much they would have received if the deceased had lived.
The amount awarded to dependents of a deceased person for mental stress following a fatal road accident * is known as solatium. The maximum amount for this aspect of a fatal injury claim is €35,000. The solatium claimed is intended as an acknowledgement of grief rather than any attempt to compensate for it. Along with this figure added financial dependency loss into the future would be included.
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 team of personal injury solicitors * for further information making a claim.
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 and any related expenses incurred.
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 following the road accident. A fatal road accident claim * is most commonly brought forward to protect the name and reputation of the deceased. If the deceased person is found to have contributed to their death there will be a deduction for that factor of contributory negligence. This deduction is carried out at the discretion of the court which is dependent on the circumstances of each individual case. In order to pursue a claim, it needs to be shown that the dependent of the deceased was relying on the deceased for financial support.
The losses suffered by the financial dependent of the deceased as a result of the fatal road accident * are evaluated under the following headings:
- Loss of services provided by the deceased,
- Loss of financial dependency since the road 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 certain amount for the ordeal you had to go through.
Tell Us About Your Case
If you have suffered financially or emotionally from a fatal road accident 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 email@example.com and 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.