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Bereavement Damages, Scotland

Losing a loved one is never an easy thing to go through. It is made worse if the loss is sudden, unexpected and the result of someone else’s negligence.

At Jones Whyte, we can help you claim bereavement damages if the worst has happened.

This is part of a fatal accident claim and aims to ensure that those at fault are held to account. It also helps to ensure that any questions you have are answered, including:

What happened?
How was it allowed to happen?
Who is responsible?
How many other people have been affected?

While nothing can make up for the loss of a loved one, bereavement compensation aims to go some way to helping you get back to normality.

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Bereavement award – who can claim

Who can claim bereavement awards is very different in Scotland, compared to the rest of the UK.

In England and Wales, you can only claim bereavement damages if you are:

The spouse or civil partner of the deceased.
The parents of the deceased if they are under the age of 18 and considered a “legitimate child”.
The mother, if the deceased is considered an “illegitimate child”.

In Scotland, there is a much wider range of people who can claim bereavement awards. Who can claim will be decided on a case-by-case basis, and the judge will take into consideration the relationship and personal circumstances of those claiming.

Examples of those who can claim bereavement awards in Scotland include:

Spouse or partner.
Children, including step-children.
Grandchildren.
Parents, including step-parents.
Siblings.

The level of award is also generally greater in Scotland, where there is no limit on what can be awarded in bereavement damages. In England, it is capped at £15,120.

Claiming bereavement damages

A bereavement compensation claim works the same way as any other personal injury claim.

The claim process starts with a meeting with our specialist personal injury lawyers. They will take your statement, and thoroughly investigate the circumstances of the incident.

The aim is to find out who is ultimately responsible for the incident and ensure they are held to account.

We understand that losing a loved one is a stressful experience, especially if it is due to someone else’s negligence. We will ensure you get the support you need to proceed with the case.

Other personal injury claims

At Jones Whyte, we have an experienced team of personal injury lawyers ready to take your case.

Find out about the different types of injury claims today.

Damages for personal injuries can be used to fund:

Rehabilitation claims.
Medical treatment, including asthma claims.

The level of damages can depend on the circumstances. If you were in a road accident, and you were driving, for example, damages may be different than if you were a pedestrian or a passenger.

Whatever the nature of your injury, Jones Whyte will handle your case with compassion and care, to ensure you get the compensation you deserve.