When a person is killed as a result of the negligent act of a person or organisation, a claim for compensation may be brought on behalf of their estate and also on behalf of their dependents.
The person or people who bring the action are legally called the Claimant or Claimants and to succeed with they have to prove that the opponent in the case (known as the Defendant) legally caused the death or made a material contribution to it. In most cases, the Defendant will be represented by an insurance company.
This blog is a brief introduction to who can bring a claim and what sums the law allows them to claim.
Who or what is the Deceased’s Estate
The executors under a will or the personal representatives of a deceased person may bring a claim for limited types of damages on behalf of those who are entitled to share the estate under a will or the intestacy laws. The claims normally include the bereavement sum (see below), funeral expenses, compensation suffered by the deceased prior to death, damage to the deceased’s property and other items.
Who is a dependant?
The category of people who qualify is wide and varied and includes spouses, civil partners or former civil partners, people who lived with the deceased for 2 years prior to the death, most family members and also children of the deceased, provided that they can show that they were financially dependent upon them.
The dependents must show they have suffered a financial loss due to the person’s death or had reasonable expectation of receiving a future benefit from the deceased.
What sort of compensation is available?
- Bereavement damages
A limited amount of people can claim the fixed bereavement damages of £15,120.00. You must be either a spouse, civil partner of the person who died or parent of a child under 18. Unmarried couples who have been together for at least two years are now also included. - Funeral expenses
Reasonable funeral expenses can be recovered, but not a memorial to the deceased. - Pain, suffering and loss of amenity.
These awards relate to the length of time and levels of pain suffered by the deceased prior to death. These can be high in the case of long, lingering deaths such as lung cancer cases, where the award can be as much as £100,000.00. In cases of sudden deaths, these awards are quite low. - Dependency
If a dependent received any form of benefit (whether financial, or by way of services provided e.g. housework, car servicing or other services that have a financial value) from the deceased they are entitled to claim a sum known as their loss of dependency. That is valued on the basis of calculations that will show the level of financial support they would have received both in the past and the future had the person in question not died. This sum may be very substantial, such as a claim for a partner or spouse who was provided for by a high wage earner that died at a young age. Parents are entitled to claim for any future dependency they would have received from the deceased. In many cultures the children are expected to look after their parents for life, which may lead to large awards. - Damage to property and other miscellaneous items
These will include damages to the deceased’s property such as a vehicle or clothing, the cost of visits to hospitals by relatives and care provided to the deceased prior to their death including any private medical expenses paid. This category is quite wide. - Deaths due to Criminal activities
If the death is due to a crime, then a claim may be made to the Criminal Injuries Compensation Authority which makes generous, fixed awards to relatives of the deceased.
These cases are far from straightforward, so we recommend that you consult experienced solicitors who have a history of dealing with such cases including attending Inquests if you are unfortunate enough to find yourself seeking compensation in such circumstances
If you believe you would like further advice, free of charge, please contact our expert Solicitors on 0114 218 4000 or email info@tayloremmet.co.uk.
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