Can Personal Representatives Claim Fatal Accident Compensation?

Many bereaved family members assume that they cannot claim compensation from those who caused a devastating fatal accident. However, in many cases the victims’ personal representatives can make a compensation claim. Though bringing a claim cannot bring a loved one back, the experienced personal injury lawyers at ParrisWhittaker are successful in supporting clients who have tragically lost a relative in an accident.

We know that losing a loved one in a fatal accident is utterly devastating, and it is always reassuring to know it can be possible to claim compensation from those responsible. As a general rule, the legal position is that the right to make a legal claim passes to the victim’s personal representatives.

It means that any surviving spouse or partner and any other dependents are able to seek financial security that may otherwise be lost because of the accident death of the individual.

Personal representatives

The personal representatives (PRs) of the victim are either the executors named in their will; or if there is no will, the individuals appointed by the court as the ‘administrators’. It is the personal representatives’ duties to call in the deceased’s assets, settle any debts and distribute the estate between the beneficiaries.

The assets include money that was owed to the deceased at the time of their death.

The PRs can make a claim under the Fatal Accidents Act 1976 (and the Survival of Actions Act) following a wrongful death, for close relatives who qualify as a ‘dependent’. A dependant is someone who is spouse, parent or child of the deceased or who is, or is the issue of, a brother, sister, uncle or aunt of the deceased person.

Importantly, the PRs must bring their claim within six months of the accidental death. If the 6-month limit has passed, any dependants of the deceased can bring a claim instead. However, given the distress and grief the family members will be experiencing, it is often best for the PRs to handle the claim.

Secondly and crucially, only one action can be brought under the 1976 Act in respect of a death – so it is vital all dependants are included in the claim. Our lawyers will act promptly to bring a claim in the name of any PRs and take detailed information about the victim’s family members and any other dependants to ensure the claim is as complete as possible.

If you have lost a loved one in a fatal accident in a foreign country, you may also be able to make a claim. Please get in touch with us and we will take full details and advise you of your legal rights.

What can the PRs claim?

The PRs (or dependants if they are claiming in their own right) can claim:

• lost financial support
• a financial dependency payment
• the value of services the deceased would have provided had they not died
• funeral expenses

It will be important to gather evidence to support the extent of compensation we will claim. We will ask for documentation such as payslips, invoices, etc., to support your claim.

How we can help

We will take full details about what happened and explain the process of claiming compensation from those responsible. Then, we will build your case and ask for supporting documentation to recover maximum compensation.

Our goal is to resolve your claim as soon as possible, allowing you to move on and use your compensation to help rebuild your future. Most claims are settled out of court without a court hearing becoming necessary, but if we do need to go to court – we will be with you all the way and continue to work hard to negotiate a settlement.

We provide robust and empathetic representation to the PRs, spouses, and dependents of those who have been killed in fatal accidents, whether at home or abroad. For urgent legal advice, contact the fatal accident and personal injury team at ParrisWhittaker at +1.242.352.6112.

If you prefer, email us here and request a callback.