When a person is killed as a result of negligence, a claim for compensation may be brought on behalf of their estate and also on behalf of their dependents.
The person or people bringing the claim will have to prove that the deceased’s death was caused by the negligence of the Defendant. This means that they must prove that the Defendant owed the deceased a duty of care, that there was a breach of that duty and that the breach legally caused or contributed to the death.
What can be claimed and who is eligible?
The deceased’s estate
The executors or personal representatives of the deceased 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 types of damages available to the estate include:
1) Pain, suffering and loss of amenity (PSLA)
This relates to the pain and suffering of the deceased as a result of the negligence. It is determined by the level of pain and the length of their suffering between the date of the negligence and their death. The awards can be high in cases where the deceased suffered a prolonged death but are quite low in cases where the death was sudden.
2) Funeral expenses
Reasonable funeral expenses can be recovered, but not the cost of a wake or memorial.
3) Special damages
This category covers financial losses caused by the negligence. It includes the cost of any damage to the deceased’s clothing and possessions, any loss of earnings prior to their death, travel expenses incurred by relatives visiting the hospital, the cost of private medical treatment and the cost of care provided to the deceased prior to their death.
Bereavement payments
Eligibility for a bereavement payment following the death of a loved one is limited to a very small group of people. It is available only to spouses, civil partners, parents of a child under 18 and (as of 6 October 2020) cohabitees who had lived with the deceased for at least 2 years immediately prior to the death.
Despite the recent inclusion of cohabitees, the eligibility requirements are often criticised as being too restrictive. Families come in many different shapes and sizes and it seems unfair to restrict compensation to such a small class of people. Grandparents and siblings are ineligible for compensation for their bereavement, no matter how close they were to the deceased.
The bereavement payment is currently fixed at £15,120.00, having been increased in May 2020 for the first time in 7 years. Whilst putting a price on grief will always be a difficult task, the current amount may seem very low to those who are suffering the loss of a loved one.
Dependency
The category of people who qualify is relatively wide and includes spouses or former spouses, civil partners or former civil partners, cohabitees who lived with the deceased for at least 2 years immediately prior to the death, children of the deceased and most family members, provided they can show that they were financially dependent upon the deceased.
The dependents must show that they have suffered a financial loss due to the death or had reasonable expectation of receiving a future benefit from the deceased. This can include loss of services provided by the deceased, such as housework, gardening or other services which have a financial value.
The award for loss of dependency is valued on the basis of calculations showing 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 who died at a young age.
In many cultures, children are expected to look after their parents later in life. Parents are eligible to claim for any future dependency they would have received from the deceased and in such circumstances, this may lead to high awards.
Deaths due to Violent Crime
If the deceased died as a result of injuries suffered in a violent crime, then a claim may be made to a government body called the Criminal Injuries Compensation Authority (CICA). A CICA claim will be appropriate where the assailant cannot be traced or they have no financial means to pay compensation in a civil case. It is possible to pursue a civil claim and make an application to the CICA in tandem, however if a CICA award is made, it must be deducted from the civil compensation.
Our Personal Injury team has extensive knowledge and experience of dealing with fatal accident claims, including attending Inquests. We also help with applications to the CICA and can advise on the value of any award made. If you would like advice about whether you might be eligible for compensation, please do not hesitate to contact our team on 0114 218 4000 or email info@tayloremmet.co.uk.
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