Claims Involving Fatal Accidents

It can often be difficult when a loved one is killed through the negligence of a third party. Often several questions remain unanswered and it may be that a criminal investigation was discontinued due to a lack of evidence / information to prosecute the Defendant. This does not mean that there cannot be a civil claim for compensation. We understand that the matter will need to be dealt with sensitively and confidentially and we shall be honoured to guide you through the process as quickly and easily as possible.

It will usually be the case that a close family member can make a claim on the deceased’s behalf, for compensation for pain and suffering, expenses such as funeral costs etc and also for loss of earnings if the deceased had dependants. The age and status of the deceased will usually be the key as to whom the best person to make a claim will be.

Case Study

In this case, the Claimant (C) brought a claim against a taxi driver for a road traffic accident in which her son was killed when walking along the side of the road. The accident occurred in the early hours of the morning.

The taxi driver denied blame, on the grounds that the deceased had been drinking and may have fallen over or was bending down at the time of the collision, hence the taxi driver had not seen him in the road. The taxi driver also said that the nearby street lights were not working and there was a great deal of tree cover to place the area in further darkness.

The police investigated but no serious charges were brought against the taxi driver. The matter was closed. Consequently, the taxi driver’s motor vehicle insurers tried to fight the compensation claim.

With further investigation, Karen Pointon was able to settle the claim in full and recover compensation for C on behalf of her son – though liability was never formally admitted by the taxi driver’s insurers.

Important Points To Note

  • Make a note of the date, time and location of the accident, vehicles involved, names of witnesses, etc.
  • If available, we will need a copy of the death certificate and letters of administration / or grant of probate
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