Fatal Injury Compensation Claims Pt. 2

Posted by mark gregory on July 19th, 2018

Compensation is fundamentally about reimbursing the losses of the living - whether physical, psychological or financial.

The Fatal Accidents Act 1976 establishes three main elements of death compensation - bereavement, funeral expenses and dependency.

Dependency covers money the family would have received from the victim had they survived.

Bereavement damages compensate families for their pain and suffering.  

You can receive compensation in behalf of someone who has been killed as a result of an accident such as a road traffic accident. The previous article discussed how the compensation claim works, types of fatalities that allow for compensation and an individual’s eligibility for claim. This article will discuss the statute of limitation on lodging a fatal injury claim and receiving legal assistance for such a claim.

There is a three year statute of limitations for filing fatal accident compensation claims. This 3 year limitation commences from the date of death or from the date the death was linked to the accident or exposure.

If the deceased was in the process of dealing with their personal injury compensation claim when they passed, the 3 year deadline would begin again from the date of their death. This allows the family to continue with their claim.

It must be noted that the period of mourning for ones loved one can be a lengthy affair, however, it varies from one person to the next. There are some circumstances, such as financial obligations, that may force an individual to set aside their grief and quickly begin a compensation claim. As a result the maximum time period allowed to make a claim for fatal injury compensation extends for three years after the occurrence of the injury.  

In cases resulting in a fatality, the family of the victim are able to bring a claim for accident or disease compensation on behalf of the deceased. Sometimes the victim may already have begun to make a claim for personal injury before they succumb to their injuries. As long as the three-year period has not expired during the lifetime of the victim, the family may continue the claim for compensation after the death of the victim, on their behalf. In these circumstances, the limitation period would begin at the date of death.

It is important to realise that you will not find a solicitor who specialises solely in fatal injury claims. The lawyer you will get to handle such a claim is a personal injury lawyer. For a personal injury lawyer contact Lancaster law firm.
 
Resource Box:

To contact Lancaster solicitors the author recommends MG Legal Solicitors.