Losing a loved one in a fatal accident is an unthinkable tragedy that can leave family members devastated and overwhelmed. Amid the emotional pain, there are also significant financial challenges.
If someone else’s negligence caused the accident, you may be entitled to compensation through a fatal accident claim.
This guide provides essential information for families in Scotland grappling with the aftermath of losing a loved one. We’ll explore the complexities of fatal accident claims, outline who is (and isn’t) eligible for compensation, what laws apply, and how to make a claim.
Jones Whyte’s fatal accident solicitors are on hand to provide solace through this difficult time, answer questions you may have and ensure those at fault are held accountable.
Table of Contents
- Understanding Fatal Accident Claims in Scotland
- Who Can Claim Compensation Following A Fatal Accident In Scotland?
- What Is Considered A Fatal Accident?
- Why Should You Claim Fatal Accident Compensation?
- Fatal Accident Claim Damages Explained
- Fatal Accident Claims Process: How To Make A Claim
- The Benefits Of Using Jones Whyte’s Fatal Accident Lawyers
- Key Takeaways
- Frequently asked questions
Understanding Fatal Accident Claims in Scotland
Fatal accident claims are civil actions seeking redress for families who have lost a loved one due to another’s negligence. These claims differ from personal injury claims as the focus is entirely on the surviving relatives and their losses rather than any suffering endured by the deceased.
The aftermath of losing a family member extends beyond just emotional grief. Families often face sudden financial distress, owing to the loss of income and services the deceased provided. Funeral expenses add to this burden, alongside the intangible yet profound loss of companionship. Fatal accident claims are designed to address and mitigate these consequences, providing a semblance of financial security amidst turmoil.
Who Can Claim Compensation Following A Fatal Accident In Scotland?
The Damages (Scotland) Act 2011 allows various individuals to claim fatal accident compensation for a wrongful death caused by negligent third parties. Those eligible include:
Spouses or civil partners
Cohabitants who have lived together for more than two years
Parents and grandparents, including step-parents/grandparents
Children and grandchildren, including step-children/grandchildren
Siblings, including step-siblings
Extended family including uncles, aunts, nephews, and nieces, especially where close relationships or financial dependency existed
- Other parties depending on individual extenuating circumstances
Note: Compensation for these individuals is assessed on a case-by-case basis.
What Is Considered A Fatal Accident?
Here is a list of common fatal accident claims:
Road traffic accidents, as per The Road Traffic Act 1988
Bicycle accidents
Pedestrian accidents
Workplace accidents, including military duties
Medical negligence
Industrial/construction accidents
Criminal assaults
Why Should You Claim Fatal Accident Compensation?
Here are a few reasons why you should consider making a claim:
- Accountability: When making a fatal injury claim, proactive steps are taken to hold the responsible party accountable for their actions. This can provide a sense of justice and closure to the situation.
- Financial security: Compensation can help cover immediate expenses like funeral costs and ongoing financial burdens such as lost earnings, childcare, or mortgage payments.
- Focus on grieving: Dealing with the legal and financial aspects of fatal accidents can be overwhelming. Pursuing a claim with the help of professional services allows you to work through the grieving process.
Access to legal expertise: Professional legal experts – like Jones Whyte – will help you navigate the complicated claims process to ensure you get the best outcome for your case. We will ensure your rights are protected while securing the maximum possible compensation.
No-win, no-fee agreement: Jones Whyte offers a no-win, no-fee service, meaning you won’t pay solicitor fees if your compensation claim is unsuccessful.
Preventing future accidents: In some cases, a successful claim may lead to legislation changes that improve safety measures to prevent similar accidents.
Losing a loved one in a fatal accident is an undeniably painful experience. While no amount of money can ever compensate for your loss, claiming accident compensation can provide essential financial support during this difficult time.
Fatal Accident Claim Damages Explained
In Scotland, damages from fatal accident claims focus on compensating the relatives’ losses rather than the deceased’s suffering. The key components of compensation include:
Loss of Financial Support: This calculates the financial void left by the deceased, including lost earnings, potential career progression, and overall contribution to family finances.
Funeral Expenses: The law allows claimants to recover reasonable expenses incurred from the funeral, services, burial or cremation, and memorial stones.
Loss of Services: This accounts for the absence of practical services previously provided by the deceased – such as childcare, home maintenance, or transportation.
Loss of Society Claims: Beyond tangible losses, the law recognises the emotional void left by the deceased, covering loss of companionship, emotional support, and guidance.
How long do you have to make a claim?
The general rule is that court proceedings must start within three years from the date of death – referred to as “the time bar”. However, there are a few exceptions:
Accidents occurring abroad – as laws in other countries may differ from those in Scotland.
Accidents occurring at sea – international maritime laws differ from Scottish law.
When a child is involved – you can claim compensation any time before the deceased child’s 19th birthday.
How much compensation can you claim?
As no two accident claims are alike, it’s essential to seek professional guidance to accurately determine the maximum compensation you may be entitled to, based on your specific circumstances.
Fatal Accident Claims Process: How To Make A Claim
A bereavement compensation claim works the same way as other personal injury claims in Scotland. Here is our advice for navigating the legal process after a fatal accident:
Step 1: Contact fatal accident lawyers
The first step is to consult a lawyer specialising in fatal accident claims. Jones Whyte will assess your case, explain the legal process and advise on your options.
Step 2: Investigation
Our personal injury solicitors will gather evidence to build a strong case on your behalf. The following documents are typically required:
- Accident reports
Medical records
- Photographs
- Police reports
- Personal / witness statements
Financial documents of the deceased (payslips, tax returns, etc.)
Step 3: Calculations
Calculations of lost income must be included with personal injury claims to ensure the correct compensation amount is awarded. Jones Whyte’s personal injury lawyers typically follow a three-step guideline for this process:
Calculate the “multiplicand” (the amount allocated for family use) based on the deceased’s income, whereby wages, pensions, and other benefits are taken into account. Typically, about 30% is deducted to account for the deceased’s personal expenses. For example, if the deceased earned £40,000 per annum, the multiplicand would be £28,000 after deducting 30%.
Calculate the “multiplier” – the estimated years the claimant would have been financially dependent on the deceased. For instance, if family members relied on the deceased income for 12 years, we would multiply £28,000 by 12 and claim £336,000.
Reasonable adjustments may be made to the multiplicand and the multiplier to align with the family’s specific circumstances, such as childcare or housekeeping.
Step 4: Claim submission
After gathering all the necessary evidence, we will prepare and submit your claim to the responsible party’s insurance company, pursuing compensation on your behalf.
Step 5: Negotiations
The insurance company will assess the claim and make an offer. We will then negotiate to achieve the best possible outcome for fair compensation.
Step 6: Court proceedings
Most cases are resolved out of court; however, if a settlement cannot be reached, your personal injury claim may go to trial. Our lawyers will guide you through each step of the legal process.
The Benefits Of Using Jones Whyte’s Fatal Accident Lawyers
Here are the advantages of having Jones Whyte on your side:
Experience: Our professional team, regulated by the Law Society of Scotland, are experts in personal injury and fatal accident claims. Trusted by hundreds of Scottish families and with a 4.9/5 Trustpilot rating, our proven track record ensures we provide the very best legal advice.
Compassion: Our team of solicitors, legal executives and professional business support staff understands the emotional impact of your loss and provides empathetic support every step of the way.
Accessibility: Our Glasgow-based lawyers are readily available to answer your questions and will keep you informed throughout the entire personal injury claim process.
Fees: We work on a conditional no-win, no-fee basis, meaning you won’t pay any fees unless your case is won.
Key Takeaways
A wide range of individuals – spouses, cohabitants, children, and extended family – can claim compensation following a fatal accident in Scotland as per the Damages (Scotland) Act 2011.
Fatal accidents range from road traffic accidents and medical negligence to criminal offences.
You have three years from the date of the death to make a claim – or two years following an act of violence (i.e. criminal offences).
Fatal accident solicitors protect your rights and help you make a compensation claim.
Jones Whyte’s solicitors work on a no-win, no-fee basis, meaning if claims are unsuccessful, you don’t have to pay solicitor fees.
Straightforward claims may settle within 12–18 months, while complex cases could take 2–3 years, with litigation extending timelines further.
Jones Whyte Is Here To Help
Our specialist fatal accident solicitors offer compassionate, expert support on a no-win, no-fee basis. If you have lost a loved one due to someone else’s negligence, contact Jones Whyte today for a free consultation.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
