Tel: 020 8520 1021. Email: david.dolties@cch-solicitors.com

Tel: 020 8520 1021.
Email: david.dolties@cch-solicitors.com

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A fatal accident involving the death of a loved one

When a family member or loved one is suddenly lost in the aftermath of a fatal accident, the tragedy of it can be overwhelming. Those left behind often have to cope with both their grief and the practicalities that come with it – such as making funeral arrangements and seeking compensation for their loss. In the UK, there are several ways for people to seek help after such an event. In this article, we’ll look at some of those options and the considerations you can make in moving forward.

The first step is to make sure that any dependents are taken care of financially. This includes checking if the deceased had life insurance and whether or not you’re entitled to any death-in-service benefits they may have been entitled to through their job. If this isn’t available, then you may be able to claim certain state benefits such as bereavement allowance or widowed parent’s allowance if you were financially dependent on them.

Fatal accident claimsIn addition, those who weren’t married, in a Civil Partnership or the child of the deceased can make a fatal accident claim on behalf of the Estate which will allow them to recuperate funeral costs and related expenses such as medical bills. It also helps provide closure for those who weren’t covered by other areas of law following their death.

If a criminal act was involved either directly or indirectly in the death, you could also seek help from Victim Support charities which provide specialist services including emotional support and advice about legal options available to you. They can also explain your rights under The Victims’ Code and help with any applications for criminal injuries compensation, alongside providing access to trained counsellors and support groups throughout your recovery process.

Another option individuals can consider is counselling or therapy sessions, which can help those struggling to cope with grief after a sudden bereavement. Many organisations offer free support services where people can speak openly about their feelings in private settings with professionals trained in bereavement counselling techniques. This can provide much needed relief during difficult times and help individuals move forward positively with life after loss.

Finally, it is important that people affected by a fatal accident don’t suffer unnecessarily because of someone else’s negligence or wrongdoing; getting access to free legal advice through agencies like Citizens Advice Bureaux or Citizens Advice Scotland could prove invaluable when considering whether you should pursue a civil claim against liable third parties responsible for causing death due to negligence.

In conclusion, there is no single pathway towards finding solace after someone suddenly passes away; however there are numerous forms of assistance available from both public organisations and charities dedicated specifically towards offering vital support services throughout this difficult journey so that victims don't have to face it alone.

Financial assistance that may be available

Depending on your circumstances, the Fatal Accidents Act 1976 may be of assistance, particularly if the death of the loved one means you have now fallen on hard times.

What is the Fatal Accidents Act 1976?

The Fatal Accidents Act 1976 is a key piece of legislation that provides financial support to the dependents of an individual who has died as a result of an accident or negligence. The aim is to help prevent them from suffering additional losses due to their bereavement. Under the act, dependents may be able to claim compensation for loss of earnings and other damages, such as funeral costs. This compensation can be paid in addition to any other benefits they may be entitled to. In order to make a successful claim, there are certain criteria that must be met:

  1. It must be proven that the death was caused by someone else’s negligence or breach of duty — for example, if someone failed to take proper care on the road and this resulted in an accident causing death.
  2. It must also be shown that the person who died had dependents at the time of their death — this could include close family members such as a spouse or children, but also extended family members depending on specific circumstances.
  3. Finally, it must be established that the dependents have suffered financial losses because of their bereavement.

To help ensure that claims for compensation are made quickly and efficiently, the court will appoint a personal representative (or ‘administrator’) for each case. The administrator will manage all relevant paperwork and provide advice on how best to proceed with any claims made by dependants under this act. In addition, it’s important for claimants to understand their rights when making a claim — they should always seek legal advice before proceeding with any action related to this law.

The aim of the Fatal Accidents Act 1976 is ultimately to provide financial security during difficult times by providing compensation for bereaved families — helping them cope with additional losses which can often come with bereavement. Making sure that those affected get access to adequate support and guidance can help them through this difficult period whilst allowing them some peace of mind knowing that they are receiving appropriate recompense for their losses.

What consideration in regard to losses should the dependents of a deceased loved on make?

Claiming a Bereavement Award

A Bereavement Award is a financial payment made to the spouse, civil partner, or parent of someone who has died in a fatal accident or due to a violent crime. The award is set by statute at a flat rate of £12,980 and is intended to recognize the emotional trauma caused by the death of a loved one.

It is impossible for any amount of money to ‘compensate’ for such an immense loss, but this award can provide some financial relief during an incredibly difficult time. This can be especially beneficial when there are funeral costs and other expenses associated with the death.

The Bereavement Award also makes provision for certain dependent relatives, such as grandparents and step-parents that would have been financially supported by the deceased prior to their death. This means that people outside of core family members can still receive financial aid after a bereavement.

The award may also be available upon conviction in cases where the deceased has been killed as a result of criminal activity or negligence. These awards are generally lower than those paid out in cases where there has been no conviction because it is assumed that some justice has been done.

In any case, claimants must prove that they were living with or financially dependent on the deceased, and proof of both must be provided to receive payment under these circumstances. Additionally, claimants must demonstrate that they are entitled to receive bereavement damages through either probate or as part of an existing will.

For many people dealing with tragedy and grief, receiving this Bereavement Award may be their only source of income at a very difficult time in their life. It may not bring back their loved one but it can go some way towards helping them through this traumatic period and ensure that their immediate needs are met financially during this difficult time.

Intangible Benefits

After a fatal accident, surviving family members not only have to deal with the emotional and psychological shock of losing a loved one, but also with the financial burden that comes along with it. Intangible benefits are losses suffered by the family that cannot be calculated in monetary terms. These losses cannot be easily quantified or replaced, and they can include such intangible elements as love, companionship, parental guidance, protection and care - all of which are essential components of a happy home environment.

The lack of these intangible benefits can lead to significant suffering for the surviving family members. For example, after the death of a spouse or parent, those left behind may experience a profound sense of emptiness due to losing the strong emotional bond shared with their beloved family member. They may also suffer from guilt or regret over not having been able to protect their loved one from harm, or feeling like they could have done something differently to prevent it from happening in the first place.

Sometimes surviving children can also be affected by this type of loss if they were particularly close with their parents and rely on them for guidance on important life decisions. The absence of a parent’s support and advice can leave these young people feeling helpless and directionless as they try to navigate through life without them. This is why it is so important for families who suffer the loss of an intimate family member to seek help from mental health professionals who specialise in grief counselling in order to help process their feelings and cope better during this difficult time.

In addition to these emotional losses, families may also lose out on physical benefits such as economic stability provided by their deceased family member’s income or medical/dental coverage resulting from his/her employment-based insurance plan. Aside from coping with immediate expenses related to funeral arrangements or other necessary costs associated with closing out affairs for the deceased person, in some cases there may be long-term costs such as college tuition for minor children left behind that will now have to be shouldered by remaining family members instead.

Ultimately, there is no way to truly quantify the value of these intangible benefits lost after experiencing an unexpected tragedy but understanding how such losses can affect those left behind both emotionally and financially is essential in order for them receive adequate compensation for all aspects of their suffering when seeking justice through legal channels following a fatal accident.

Financial Support

Loss of Dependency for Financial Support after a fatal accident can be an extremely difficult experience for those who were financially dependent on the deceased. It can be especially hard for younger adults and children, who have not yet had the opportunity to build up their own independent financial security.

When a loved one dies in a fatal accident, the financial dependency they provided can be lost. This could mean that there is less money coming into the family or household, leaving those that depended on them without access to vital income. In certain cases such as when a partner dies in an accident and they were the primary earner of the family, the remaining partner will suddenly be without any source of income. In other cases, it could mean that someone has now lost their ability to pursue higher education or take part in activities or hobbies due to lack of funds.

It is important to note that these types of losses can also impact an entire family's quality of life if there is no longer enough money coming into the home to cover basic day-to-day living expenses such as food, housing and utilities. In some cases, this could even lead to homelessness if not addressed quickly and appropriately.

Financial support claims can also provide necessary aid for funeral costs or medical bills due to injuries sustained in accidents. This can be especially helpful for families who don't have enough savings or resources available at the time of death.

At its best, a claim for financial support after a fatal accident can help ensure that those left behind are able to maintain their standard of living and fulfill obligations in order to make sure they are taken care of during this difficult time.

Dependent on services and support

If a loved one has been taken from you in a fatal accident, then the sense of loss can be overwhelming. Loss of dependency on services is an important aspect of this bereavement process, as it can involve a whole range of activities that were once performed by your beloved. These tasks may have included shopping, cooking, DIY jobs around the home, cleaning and gardening to name but a few.

Loss of dependency on services is an area of law where damages can be claimed for care, assistance and other services that would otherwise have been provided by the deceased prior to their death - had they not died. This includes any kind of domestic help or assistance that was associated with day-to-day living, such as shopping and preparing meals, cleaning and maintaining the home or garden and any other activities that were part of their routine.

When considering loss of dependency on services after a fatal accident, it’s important to understand how much support was provided by your loved one and how reliant you were upon them for these various activities and tasks. This information will form the basis for any claims for damages being made to cover the financial costs associated with replacing these services since the death occurred.

The actual value of the compensation will depend upon many factors including:

  • Proof that services were indeed provided by the deceased;
  • Evidence that those services were necessary;
  • What type or level of service was expected;
  • How much time was devoted to providing those tasks;
  • If there are now additional costs associated with getting help or outsourcing those tasks; and
  • Other circumstances such as specific care needs or household responsibilities like childcare involved in providing those services.

It’s also useful to remember that along with financial losses due to lack of dependent service there may be personal losses associated with no longer having someone perform those duties for you. This could include day-to-day companionship or advice from a spouse, professional guidance from an accountant or lawyer or even personal touches like preparing special meals during holidays or birthdays. Ultimately these all form part of the overall equation when accounting for loss of dependency on services after a fatal accident.

Why use CCH Solicitors to help you through the aftermath of the accidental death of a loved one?

The aftermath of an accident resulting in the death of a loved one is a difficult and traumatic process to go through, and it's important to make sure that you have the right support when doing so. It's essential to use a specialist personal injury solicitor, such as CCH Solicitors, to help with this process, as they understand the legal complexities associated with these cases.

We can provide advice on how to access compensation, as well as providing emotional support throughout the process. Furthermore, we will ensure that any compensation awarded is fair, and will be able to represent you in court if you wish.

Ultimately, choosing a specialist personal injury solicitor is essential for helping you through the aftermath associated with the death of a loved one due to an accident- it can be a long process, filled with emotional stress and difficult decisions; having the right lawyer by your side can make all the difference.

You can call us on 020 8520 1021 if you are using a mobile phone. Alternatively email us on office@cch-solicitors.co.uk or complete our Free Enquiry Form online and one of our team will be happy to discuss your circumstances.

This post is not legal advice and should not replace professional advice tailored to your specific circumstances. It is intended to provide information of general interest about current legal issues.

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