Fatal head injury claims

After losing a loved one to a fatal accident, compensation may be the last thing in mind, but consulting a specialist solicitor will do more than just claim damages: in many cases, it will be the only way to achieve justice for the victim, to obtain the full facts and understand the circumstances of the death. In other cases, it will help to secure the financial future of the deceased’s spouse or partner and children.

Our senior lawyers are experienced in dealing with fatal accident claims. We will help you understand the complexities of the law and procedure, how inquests work, what needs to be proved and how compensation is calculated. Most of all we will listen to you and try to understand what it is you and your family want from a claim.

If you relied upon the deceased financially then you may be able to claim for the loss of that support, including any loss of services (such as childcare or household duties), and for loss of other benefits such as pension rights.

According to the law, those who are able to claim for dependency compensation include a:

• spouse or a former spouse
• civil partner or former civil partner
• cohabitee if you have been living as man and wife for over two years,
• parent or ascendant of the deceased
• child or other descendants, or a child who may not necessarily be a blood relative
• person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased

Apart from dependency compensation, the law also entitles some to what is known as bereavement damages. This is a fixed sum set by statute at £11,800 and is only payable to the spouse (including a civil partner) of the deceased or the parents of a child under 18 years.

When deciding to make a claim for a head injury compensation claim it is important that you choose a solicitor who has specific experience not only in handling fatal injury claims but also one which understands and has experience in head injuries. If you choose Osbornes to help you, you can rest assured that your case will be handled by a partner with specialist fatal head injury experience. We are accredited members of the Association of Personal Injury Lawyers, members of Headway, the brain injury association, and are recognised for our expertise in independent legal directories Chambers and Partners and The Legal 500.

We understand choosing a lawyer is a big decision and would be very happy to have a no-obligation conversation with you and to answer any questions you may have. Do contact Stuart Kightley, partner and specialist head injuries lawyer. Please note that anything you discuss with Stuart will always be in the strictest of confidence.