Fatal Accident Claims

Losing a loved one in a fatal accident can have a profound impact. In addition to emotional grief, many families experience significant financial disruption following a loved one’s death. If the accident occurred due to someone else’s negligence - whether in a road traffic accident, workplace accident or an incident involving medical or clinical negligence - you may be entitled to make a fatal accident compensation claim.

JMW Solicitors has extensive experience in fatal accident claims. Our serious injury team has supported bereaved families across a wide range of fatal accident cases, helping them secure compensation and come to terms with what has happened. We understand the importance of dependable legal guidance at this time and will support you through each stage of the claims process.

To discuss your claim with a solicitor, call JMW today on 0345 872 6666, or complete our online contact form and we will get back to you at a time of your convenience.

How JMW Can Help

Our fatal accident solicitors are experienced in securing compensation for families affected by fatal injury claims. We understand the devastating consequences of a fatal accident and the immediate need for financial support and legal clarity.

JMW’s injury team works closely with medical experts and other professionals to build strong cases and recover damages on behalf of those left behind. Where appropriate, we can arrange interim payments to provide immediate financial stability. We also support clients through inquests and, if needed, start court proceedings to ensure a successful claim.

If your loved one died overseas, we can help by coordinating with legal professionals abroad, assisting with local investigations and representing you through any UK inquest or court hearing. We will make the process as straightforward as possible, allowing you to focus on your family.

Meet Our Team

Who Can Make a Fatal Accident Claim?

Under the Fatal Accidents Act 1976, certain individuals are eligible to make a fatal accident claim. This includes those who were financially or emotionally dependent on the person who died.

Claimants may include:

• Spouses and civil partners
• Children or stepchildren
• Parents or grandparents
• Siblings
• Others who were financially dependent on the deceased

Each case is different, and our solicitors can advise you on whether you are eligible to bring a claim during our initial consultation.

What if the Deceased Didn't Leave a Will?

If your loved one did not leave a will, our specialist probate team can advise on how this may affect the fatal accident claim. Where a claim is being made on behalf of the deceased’s estate - for example, for pain and suffering or medical expenses - a legal representative must act for the estate. In the absence of a will, this involves applying for a Grant of Letters of Administration to obtain legal authority. JMW’s team can assist with this process and make sure both estate and dependency claims progress correctly.

What Can Fatal Accident Compensation Cover?

Compensation awarded following a fatal accident can provide vital support for bereaved families and help to manage both immediate and long-term financial losses, such as:

• Loss of earnings and financial support
• Funeral expenses
• Bereavement damages
• Loss of services, such as childcare or household support
• Pain and suffering experienced by the deceased before death

Our solicitors will assess your circumstances and make sure all relevant factors are considered when calculating how much compensation may be appropriate.

Fatal Accident Claims Abroad

When a fatal accident occurs overseas, the legal process can be complex. JMW has extensive experience in supporting families affected by a death abroad.

We can assist by:

• Coordinating with legal professionals in the country where the accident occurred
• Helping you access police reports and medical records
• Representing you in any UK inquest or civil proceedings
• Advising on court jurisdiction and the applicable legal process

Depending on the circumstances, a fatal accident claim can often be brought through the courts in England or Wales, even if the accident occurred overseas.

How to Make a Fatal Accident Claim

The process of making a fatal accident claim typically involves the following steps:

1. Contact JMW Solicitors: speak to our specialist team for an initial consultation.
2. Eligibility review: we will confirm who can make a claim and outline your legal options.
3. Collect evidence: we will help gather evidence such as accident reports, witness statements, financial records and medical documents.
4. Prepare your case: your solicitor will present the claim to the defendant’s legal team or insurer.
5. Negotiate a settlement: if liability is accepted, we will seek to agree on an appropriate level of compensation.
6. Start court proceedings: where necessary, we will represent you in court to help secure the outcome you deserve.

Our team works efficiently to minimise delays and make sure the claims process does not place further strain on grieving families.

Q

How is compensation calculated?

A

Fatal accident compensation is calculated based on several factors, including bereavement damages, loss of financial support and the cost of services that the deceased would have provided. Additional amounts may be included to cover pain and suffering experienced before death, funeral expenses and any ongoing impact on dependants.

Q

What evidence do I need to support a fatal accident claim?

A

Useful evidence for a fatal injury claim includes:

• Medical records
• Death certificate
• Accident reports
• Police reports or witness statements
• Evidence of financial dependence, such as payslips or benefit records
• Proof of funeral costs and other expenses

Your solicitor will help you collect the relevant documents and assess what is needed to build a strong case.

Q

How long do I have to make a fatal accident claim?

A

In most cases, you must make a fatal accident claim within three years of the person’s death, or from the date when you became aware that negligence contributed to it. There are exceptions, including claims involving children or individuals lacking mental capacity. We will advise you on the specific time limit that applies to your situation.

Q

Who can make a fatal accident claim?

A

Fatal accident claims can be made by dependants, including spouses, civil partners, children, parents and others who relied on the deceased for financial or emotional support. If you are unsure whether you qualify, speak to JMW’s fatal injury team for guidance.

Q

What compensation can be claimed?

A

Compensation may include:

• Loss of financial support
• Funeral expenses
• Bereavement damages
• Loss of domestic services
• Pain and suffering before death

We will ensure all relevant losses are accounted for when calculating your final settlement.

Q

How is liability determined?

A

To prove liability, we must demonstrate that the accident was caused by someone else’s negligence or a breach of duty. This involves collecting evidence such as accident reports, expert opinions and witness statements. We will investigate the circumstances in full to support your claim.

Q

How long does a fatal accident claim take?

A

This varies depending on the complexity of the case, whether liability is accepted and whether court proceedings are required. Some claims may be resolved in under a year, while others involving inquests or overseas elements may take longer. We will always work hard to progress your claim efficiently and secure compensation as soon as possible.