Fatal Accidents: Can You Claim Bereavement And Dependency Compensation?

As November drew to a close, police in Nassau issued a warning to motorists to comply with the law because of the increase in fatal car accidents across The Bahamas. The personal injury lawyers at award-winning ParrisWhittaker are seeing an increase in compensation claims by bereaved relatives who have lost a family member in a fatal accident. 

We know that losing a loved one is always a tragedy, but a relative’s death caused by someone else is a huge shock; and can have wider implications for them and their family. It can be reassuring to know that the law may well allow you to claim compensation for your loved one’s death. These claims need to be made in the name of the executor or administrator responsible for administering the deceased’s estate.

The lawyers at ParrisWhittaker are experienced in fatal accident claims. We are known for securing fair and fast settlements so that the grieving relatives can move on with their lives.  So what could you claim if your loved one’s death was avoidable? The Fatal Accidents Act 1976 clearly sets out relatives’ rights to claim compensation.

The key elements are:

• Bereavement damages – Bereavement damages can be claimed by the surviving spouse and dependants, such as a child, a parent or grandparent, a niece or nephew or a grandchild. 

• Personal injury compensation – If your loved one survived for a period of time after the accident, you can claim compensation for their pain and suffering up to the time they died. You can also claim for any reasonable costs that were incurred as a result of the accident, such as care costs and medical expenses. Funeral expenses can also be claimed. 

• Dependency payments – The law recognises that someone’s death can have a significant financial impact on individuals that the deceased was supporting.  A dependent of the deceased is therefore entitled to claim a lost financial dependency payment, together with the value of services the deceased would have provided if they had survived. This is calculated in a fairly straightforward way and our lawyers can guide you through what you may be entitled to. 

Note that in The Bahamas, you have three years from the date of your loved one’s death to start proceedings. However, it is always best to start the process as soon as you can while events are fresh in your mind. 

What do I have to prove?

To make a successful dependency claim, you will have to prove negligence, wrongful act or breach of duty on the part of the person responsible for the accident. In the case of a road traffic accident, for example, you would need to prove that the other motorist was driving dangerously or below the standard expected of a reasonable driver in the conditions at the time.  

The police incident report and investigation, charges and any conviction will be crucial evidence to support the claim. You would also have to demonstrate that you were financially dependent on your deceased loved one, and prove to what extent you were reliant on them. So it’s important to produce as much evidence as you can to back up your compensation claim. 

How can we help?

For specialist legal advice from compassionate and experienced personal injury lawyers, telephone ParrisWhittaker on +1.242.352.6112 or if you prefer, send us an email and request a call back.