Fatal Accident Claims
Claim Fatal Accident Compensation
Osbornes specialise in helping the families of individuals with fatal accident claims. This page will guide you through the process and answer many of your questions.
“This is a really excellent personal injury team that can be regarded as one of the major players in the London claimant personal injury market.”
“The firm has the ability to handle the most sophisticated and complex matters.”
Making a fatal accident claim
Our personal injury solicitors have decades of experience in working with bereaved family members offering sensitive advice following the loss of a loved one Our lawyers specialise in representing individuals who were financially dependent on the deceased.
We know that compensation will be the last thing on your mind when a loved one dies, however, there may be a financial impact on your family’s life. Compensation can help ease the financial burden and give you a sense of justice at this difficult time.
Under the provisions of the Fatal Accidents Act 1976, the dependants of someone killed in an accident that was not their fault can make a claim for compensation. We will explain everything you need to know, at a pace and in a way that’s right for you.
Our serious injury claims team have helped families of individuals who have lost their lives in many accidents. Sadly, many of our clients have lost a loved one after:
- A road collision
- A cycling crash
- An accident on a construction site
- Not being provided the correct safety equipment at work
- Insufficient training of handling heavy machinery
Tragically, fatalities also occur due to poor medical and surgical treatment. We have a specialist team of lawyers who advise on deaths caused by medical negligence. You will find out more about our fatal medical negligence claims experience here.
When you are ready to begin your case, our lawyers will be happy to help answer all of your questions.
What happens when I make a fatal accident claim?
Fatal accidents leave behind devastated family members and loved ones. No amount of money can properly compensate them and at such an emotional time the idea of a compensation claim may not be the first consideration.
The help of supportive specialist fatal accident solicitors can however at least ease the financial burden that often follows the death of a loved one and can aid in starting to rebuild the lives of those who were financially dependent on the deceased.
Making a claim for compensation at what will be a highly emotional time will obviously not be the first thing loved ones think about or even at all. But in many cases compensation will be financially essential for the family to make ends meet after the death, and we will try to understand the needs of the family and secure an early interim payment where possible.
Admitting liability and obtaining an interim payment
Interim payments will readily be agreed upon by the opponent’s insurers if they admit liability, and they will admit liability where the case is clear-cut and there is compelling evidence that their insured was negligent and caused the accident. But unfortunately, the evidence is rarely so clear cut and because of the amount of money at stake in many fatal accident cases, the insurers are likely to fight the claim if they believe there is a chance of avoiding liability or achieving an apportionment of liability.
Liability apportionment
A liability apportionment occurs when the fault lies with more than one party, for instance, the defendant, a second defendant and possibly the claimant as well. So if, for instance, a passenger in a car is fatally injured when the car collides with a lorry, the claim may be directed to the insurers of the lorry and the car, and both may blame each other whilst arguing that the deceased passenger was partly to blame for not wearing a seat belt. In that scenario an interim payment would be likely because it is clear that there will be some liability on the part of the two drivers and any ‘contributory negligence’ will be a percentage reduction (25% or 15% depending on whether the wearing of a seat belt would have made a real difference in that particular case).
To take another example, if a worker if fatally injured in a construction site accident when he falls from an unsecured ladder on a scaffold, liability will need to be proved, by evidence, against the main site contractors or sub-contractors responsible for the scaffold. They in turn may bring in another party and may allege negligence against the deceased for failing to ensure the ladder was properly tied or footed.
Evidence will usually be available already in these cases because the police and in some cases the Health & Safety Executive would have carried out detailed investigations. We would obtain our own eye witness and expert evidence where necessary, and this may include expert accident reconstruction evidence.
Holding an inquest to establish the cause of death
In cases of sudden, violent or unexplained death there will also be an Inquest before a coroner. A coroner is a doctor or lawyer (often both) appointed by the local council to investigate deaths in the local area. The Inquest is a fact-finding legal hearing arranged by the coroner to investigate the circumstances surrounding the death. The coroner will not apportion blame (that is the role of the criminal court and the civil court) but will try to establish the cause of death. He has considerable freedom in terms of the evidence he allows and the questioning of witnesses, but the family’s representative will usually be allowed to put questions to witnesses on their behalf. The coroner will return a verdict using a common form of words such as death by natural causes, accidental death, or industrial disease, and where the case is more complicated will give a narrative verdict.
The bereaved family will often want to attend and be represented at the coroner’s inquest. Osbornes’ Stuart Kightley is experienced in attending inquests and is happy to discuss acting in any case with the family. Funding for inquests is not covered under a No Win No Fee agreement but it may be that there is coverage under a legal expenses insurance policy.
From the point of view of liability in the civil claim, it is very useful for the family’s lawyer to attend the inquest, because it will be an opportunity to get advanced sight of the police evidence and to assess and question the witnesses. The defendant will usually be represented as well, and so they too will be able to gauge the strengths and weaknesses of the civil claim.
How much compensation will I receive from a fatal accident claim?
Fatal accident cases & claims can be complicated and the law in this area is gradually evolving but does not always recognise the trauma and financial hardship caused by the death of a family member.
For instance, there is a statutory bereavement support payment (of £15,120) for bereavement which is payable by the person who negligently caused the death (or their insurer), but only to fixed classes of the claimant, including partners and children.
Children of a deceased parent, the parents of a deceased adult and more distant relatives are not currently entitled to recover compensation, however close in reality their relationship was with the deceased.
The Law Commission has recommended reform in this area, and whilst the last Government consulted on widening the category of claimants they did not go ahead and change the law.
What legal support is available for bereaved families?
Find out more about the legal support available to bereaved families here.
Osbornes Law can make a difference
For over 40 years, Osbornes have been helping relatives make fatal accident claims following the death of a loved one. We have a huge amount of experience dealing with cases similar to yours and can help get you the compensation you deserve at this difficult time. The reasons families choose to work with us include:
- Extensive track record of winning high-value fatal accident claims
- Proud partner of the Association of Personal Injury Lawyers and share their commitment to lobbying for higher statutory bereavement payments following a fatal accident
- We’re authorised and regulated by the Solicitors Regulation Authority, so you can rest assured that we adhere to a strict code of professional conduct
- Consistently rated by independent legal directories The Legal 500 and Chambers and Partners for our reputation as specialists in the field of fatal accident claims
- No win, no fee agreements mean that in the unlikely event your claim is unsuccessful, you won’t have to pay anything at all.
Contact us today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
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"Osbornes always provides work of excellent quality and the advice is sound."
"The firm has the ability to handle the most sophisticated and complex matters."
"Osbornes is always client-focused and works tirelessly to obtain the best outcomes."
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Stephanie Prior is head of the clinical negligence department at Osbornes Law. She acts on a wide range of issues, including claims for brain injuries sustained at birth and delays in diagnosis. She frequently represents clients in fatal claims involving surgical error.
'The team deals with multi-million pound, often multifaceted claims, involving such factors as severe brain, psychiatric, gynaecological and spinal injury, major trauma, amputation and fatality.'
"They are a boutique firm with highly experienced partners who are well-respected in the industry."
"The team at Osbornes deals with catastrophic injury claims with the same professionalism as the largest firms, but provides a much more client-focused experience."
"A really first-rate team, well capable of dealing with the most serious and complex injuries."
"This team has carved out an exceptional reputation in catastrophic injury work."
"Osbornes has impressed me with their personal touch for clients whilst offering a first-class handling of catastrophic injury claims. The partners all have vast experience and are highly respected in their field."
"This is a really excellent personal injury team that can be regarded as one of the major players in the London claimant personal injury market."
"Osbornes have managed to recruit a team of outstanding catastrophic injury lawyers who are at the top of the game."
"They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"
Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.
The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.
Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.
A really excellent group of PI solicitors, notable for their individual quality.’
A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.
This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.
The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.
To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'
"Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
"Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."
"Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."
"Stuart is also very experienced in advising on fatal accidents and workplace accidents."
"Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
Accreditations
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