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A fatal car accident can happen in a split second, but the effect on the family members who are left behind will be felt long into the future. The sudden death of a relative is always exceptionally difficult, and knowing that someone else might be at fault for that accident makes it even harder for loved ones to come to terms with.
It’s not just the understandable emotional impact either; a fatal car accident can lead to significant financial hardship and uncertainty. Of course, we fully understand that compensation is far from being the first thing on your mind after losing a loved one, but it’s still important to know what your options are – and who you can turn to. Our specialist solicitors are here to help if making a fatal car accident compensation claim is a step that you choose to take.
A fatal car accident is the term for any road traffic accident involving a car that causes the death of a motorist, passenger, cyclist or any other road user. Unfortunately, such accidents are all too common. In 2018, nearly 1,800 people were killed on UK roads – the highest number (44%) of which were either car drivers or passengers.
While the number of fatal car accidents has fallen from more than 6,300 in 1979, this still means that – on average – five people suffer fatal injuries on British roads each day.
It’s important to remember there is no one single cause of fatal road accidents that may result in the loss of a friend or relative. It can happen to any person at any time on any road.
In some instances, an accident is caused by a driver’s own actions or those of another motorist, such as driving without due care and attention, using a mobile phone behind the wheel, speeding or being under the influence of alcohol or drugs. There will be a police investigation into the death and quite often there will be a criminal prosecution against the driver at fault.
Poor car or road maintenance can also be a factor.
In many cases, however, such accidents can easily be prevented. But it is all too often the action or inaction of another party that is at fault. It doesn’t have to be intentional either.
For anyone who is affected by the death of a family member in such circumstances, making a claim for a fatal car accident could help you get the compensation you need to rebuild your life at a traumatic time.
It is something that no person should ever have to deal with. But the unfortunate reality is that you cannot prepare for the impact of a fatal car accident. It is only natural that coming to terms with the loss of a friend or family member should be your number one concern, but you should also think about what comes next. And this is where a fatal car accident claim can make a real and lasting difference to your life.
First and foremost, dependants can claim compensation for a fatal car accident if someone else is at fault under the Fatal Accident Act 1976. But each person’s reasons for claiming can differ.
For some, it can be a matter of making sure they get compensation to cover any loss of income incurred as a result of an accident. For others, meanwhile, it’s about knowing that justice is being done when someone else is at fault.
A fatal personal injury claim after a car accident could also be an effective way to bring about a change in the way things are done. If an accident is due to poor work practices or maintenance procedures, a successful claim could help prevent someone else going through the same ordeal.
Whatever the reason for making a claim, our aim is to make sure you get the support you need.
Each fatal car accident claim is unique. It is based entirely on how the accident happened – and how it impacts those left behind. In general, however, you can expect to claim for the following:
There is also what is known as a statutory bereavement payment, which provided by law. This amount is currently £15,120 for all accidents on or after 1 May 2020, but is currently only available to spouses/civil partners or parents of a child under 18.
The government is planning to extend this payment to cohabitees (claimants who cohabited with the deceased for at least two years immediately before their death).
If the deceased was married or in a civil partnership with one person and cohabiting with another (e.g. separated but not divorced), the payment would be split between the two parties.
A fatal car accident injury compensation claim is made on behalf of the deceased’s estate – and their dependants. A claim is made by someone who is authorised to do so, usually with the help of a lawyer. It is likely that you’ll need a Grant of Probate or Letters of Administration too.
A dependant of someone who dies in a fatal car accident can be:
A person who cohabited with the deceased as a common law partner for at least two years up until the date of death
In most cases, car accident legal claims are made against the individual or organisation at fault for the circumstances that led to the death of your loved one. This could be another motorist or the authority responsible for the road on which the accident took place.
The claim is made against the insurers of the other party. They may choose to defend claims if they believe liability cannot be proved. But our team always aims to ensure a fatal car accident claim is settled without the need to go to court – and we’ll fight hard to ensure that is the case. If the other party is not insured, a claim is made against the Motor Insurer's Bureau.
A claim can still be made against the driver’s insurers or, if he or she was uninsured, then against the Motor Insurers Bureau.
A coroner will open an inquest into cause of death. This is held in public and aims to establish the exact cause of death after a fatal car accident. Loved ones can attend the inquest and ask any called witnesses questions about the accident.
Our solicitors regularly represent family members at such inquests in order to get the answers they need to help them move on.
At the end of the inquest, the coroner will reach their conclusion from one of three options:
The first step in any fatal car accident claim is to get in touch with our expert solicitors. By doing this, we can talk to you about the circumstances and find out if you could make a claim. We also take you through what is involved and anything else that you need to know before going ahead.
This initial consultation is free – but we will tell you about your funding options at the very start.
If you decide to go ahead, we will start collecting witness statements and any evidence that can support your claim, for example from the police. If the death of a loved one in a fatal car accident has a financial impact, we will also gather details about this in order to let you know how much we believe your claim is worth.
We will then contact the insurers of the individual or organisation at fault and work to achieve a settlement that reflects this. In most cases, this settlement is achieved by negotiating with the insurers.
Find out more about making a claim with Boyes Turner.
In cases of fatal car accident claims, there are three challenges that need to be overcome:
Liability: To make a successful claim, it needs to be proved that:
All four of these conditions must be proved.
Causation: This can often cause more problems than proving liability. It must be shown that the wrongful act made a material contribution to the death. In other words, it does not need to be the sole reason that somebody died. In this instance, the main thing to remember is that eligible dependants can make a claim if the deceased could have done so if they survived the accident.
This is one of the conclusions a Coroner can make at an Inquest involving a loved one. The following must be proved:
The above elements must all be proved to the criminal standard beyond all reasonable doubt. All must relate to one specific person too – not the combination of a number of people.
Breach of duty should be only be considered ‘gross’ when it involves “such disregard for life and safety of others as to amount to a crime against the state and conduct deserving punishment”. A serious mistake or errors in judgement are not enough to meet this condition.
There are several documents and pieces of information that you will need in order to make a successful fatal car accident claim. These documents include:
We may also ask for other personal information. This could include details about your loved one’s income, pension or educational qualifications, as well as yours if you are the surviving spouse, where there is a claim for loss of dependency of income.
In addition, we will ask for funeral expense receipts and any third party details if you have them. While this can seem like a lot, please do not worry – our team will advise you of exactly what is needed to support your fatal car accident claim.
In the aftermath of an accident that claims the life of a loved one, we know there is often so much to deal with. We also appreciate that, at a difficult time, the thought of making a fatal car accident compensation claim can seem daunting.
But cost should not be a barrier to getting justice and the compensation you need.
If you turn to us for help after losing a loved one in a car accident, you can be assured that our initial consultation will be free of charge. As part of this consultation, we will let you know if we believe your claim will be a success – but we will also let you know about your funding options.
In many cases, we can handle your claim as part of a Conditional Fee Agreement, better known as no win no fee. This means, if your claim fails for whatever reason, you will not pay anything.
Find out more about funding a claim with Boyes Turner.
Our advice is that a fatal car accident claim should be started as soon as possible, even though we do understand it is a very sensitive time for you and your family. The reason for this is to give us the best possible chance of gathering evidence and witness statements to support your claim.
If your claim is not an immediate priority for your family, however, you do have time to decide. A claim must be made within three years from the date of either the accident or the death of a loved one. But there can be exceptions – and we can advise you of this when you get in touch.
For more information or to start a fatal car accident compensation claim, contact us today. Our specialist solicitors have the expert experience, skills and – most importantly – understanding. Our aim is to help families rebuild their lives in traumatic times when the worst happens.
Call us on 0800 124 4845 or get in touch to find out how Boyes Turner are here for you.
At a time when you are trying to come to terms with your loss, it is important to get personal and professional support you can trust.
Here at Boyes Turner, our expert fatal car accident claim solicitors have extensive experience of supporting families just like yours in similar situations. We can help you get the compensation – and answers – you need and deserve.
Our solicitors have a deep understanding of the sensitive issues involved after a fatal car accident claims the life of a loved one. You won’t ever be made to do anything until you are ready.
But, at the same time, you can depend on us to pursue a fatal car accident compensation claim in even the most complex and challenging cases. We can guide you through the process at each stage, so that you know what to expect and you won’t have to face anything on your own.
If you are unsure how to move forward after a devastating car accident, please get in touch and speak to a member of our dedicated team. Call us on 0800 124 4845 today or provide us with a few details and we will be happy to phone you back at a time that works best for you.
Our expert solicitors are committed to helping families rebuild their lives after the profound and sudden impact of a fatal car accident. Our team brings a substantial depth of claims experience and skills to each case, having represented the victims of accidents for nearly 40 years.
Of course, our solicitors will always keep you up to date with how your claim is progressing. We are committed to providing the essential support, guidance and reassurance you need. But there are also other reasons why we believe that you can turn to Boyes Turner with confidence.
“'A force to be reckoned with', Kim Smerdon leads the 'very professional group'.”
Our personal injury specialists are recognised as leading fatal car accident compensation claim experts by independent directories: The Legal 500 guide and Chambers and Partners.
As a company, we’re proud of our reputation in supporting families with their fatal car accident claims. Our personal injury accreditations and memberships include:
We also know that, for some, hearing from other families we’ve supported can be the best way to fully understand how we can help. Find out more about our successful fatal accident claims – and how our expertise has achieved positive outcomes for those in a similar situation to you.
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A personal injury is an injury to the body. Sometimes the physical injury or the circumstances in which that injury was suffered also leads to a psychiatric or psychological injury.
When someone is injured as a result of another person or organisation’s breach of their duty of care (negligence), the injured person may be entitled to claim compensation for their injury and its financial consequences. The claim for compensation is made against the person or organisation that was responsible for the injury and is usually met by their insurer. The legal process of claiming compensation for injuries that are caused by negligence is known as a personal injury claim.
Boyes Turner’s personal injury team specialise in claims involving severe or catastrophic injury. Most of our clients have been injured in road traffic accidents (RTAs) and accidents at work.
For compensation claims relating to injuries which occurred in England or Wales the general rule is that court proceedings must be issued (formally started) within three years of the date of the injury. In most cases, before a claim can be issued work must be carried out to investigate the claim, notify the defendant and the insurance company against whom the claim is being made and obtain a medical report to support the claim. The sooner you contact us after an injury has occurred, the sooner we can begin to help you, and the better we can investigate and prepare your claim.
Longer time limits apply to children whose three-year time period only begins to run from the age of 18, meaning that their time limit expires when they reach the age of 21.
Time limits do not apply for those who lack mental capacity. Where an injured person’s mental capacity is uncertain, we work closely with our Court of Protection team to determine whether our client has capacity to bring their own claim. As with other claims, it is always advisable to contact us as soon as possible after the injury, to ensure that evidence can be preserved, rehabilitation started (where needed) and financial help secured via the claim.
In exceptional circumstances, the court may extend the time limit (or limitation deadline) for those including:
You can make a personal injury claim for:
Court proceedings are issued (started) in many cases but this does not mean that the case will end in a trial. There are many reasons why court proceedings might be issued:
The duration of a serious injury claim depends on the individual circumstances of the client’s case. Claims take less time to conclude if:
Claims are more complex and may take longer to resolve where:
We work hard to secure cooperation with defendant insurers, to provide immediate needs assessments and timely funded rehabilitation for our clients to maximise their recovery in the all-important period immediately following an injury. Wherever possible, we also secure interim payments to ease our clients’ financial hardship long before their claims have concluded.
By taking the time that is needed for the client’s rehabilitation and the careful assessment of their long-term needs, we can be confident that each client receives the full support and the compensation they deserve.
Compensation is carefully structured to make the best provision for the injured person’s needs. There are rules protecting compensation for children or adults who lack mental capacity. Compensation may be paid in one or more of the following ways:
If you, or someone in your family has been seriously injured in an accident that was somebody else’s fault, you may be entitled to make a claim. If this feels daunting, alongside everything else that you are coping with in the aftermath of an accident, it may help to remember that:
If you decide that you want to go ahead with making a claim, we will gather as much evidence as we can to support your claim. This evidence may include:
We will also contact the defendant and their insurers to begin working towards meeting your immediate needs and settlement of the claim.
Our personal injury lawyers are specialists in catastrophic and severe injury compensation claims. Our clients have often suffered life-changing injury resulting in permanent disability, and we aim to assist their recovery by securing funded rehabilitation, whilst supporting them in adjusting to the changes to their lives and securing compensation to meet their needs in the future.
Our clients usually have suffered one or more of the following:
If you have suffered a serious injury as a result of somebody else’s negligence (breach of their duty of care), we may be able to help you make a claim for compensation.
Depending on the circumstances of your accident and the severity of your injury, we may also be able to help you claim compensation:
The vast majority of our clients’ serious injury claims are settled without the need for a court hearing (trial). Our clients very rarely need to go to court.
Our personal injury specialists are highly experienced in investigating and assessing the strength of each client’s case. From the outset, and throughout the claim, we advise our clients clearly and honestly about their prospects of success.
We work hard to prove each client’s claim, based on evidence of the circumstances of their accident and the impact of their injury. We encourage cooperation with the defendant’s insurers and negotiate the best possible settlements for our clients. On the rare occasions when a claim cannot be settled without a court hearing, this will be because:
In the following circumstances, the law requires a judge to approve an out-of-court settlement, for the protection of those involved:
In these cases, the approval hearing will be a short hearing at which the lawyers for both parties explain the circumstances of the case and the settlement terms to the judge. In most cases, our client will be expected to be in court during the hearing, accompanied and fully supported by members of our legal team.
The amount of compensation that an injured person receives in a personal injury claim depends on a number of individual factors:
Depending on the client’s injury and the way it affects their life, their claim may include compensation for:
An interim payment is a part-payment of compensation which is paid to the injured person, in advance, whilst the claim is ongoing. We can usually secure an interim payment from the defendant’s insurer where they have admitted liability (accepted fault) for our client’s injury.
We use interim payments to help the injured person and their family, who may be suffering financial hardship as a result of the injury. Where insurers are not willing to provide Rehabilitation Code funding, we sometimes obtain interim payments to ensure that our client receives the rehabilitation, case management and therapies that they need straight away.
Interim payments may be used to meet any genuine need, but it is important that the injured person and their family understand that the sums that they have already received as interim payments are deducted from their final compensation at the end of the claim.
Depending on the client’s injury, an interim payment may help meet their needs for:
By understanding and targeting provision for our clients’ rehabilitation and other essential needs early in the claims process, we help restore our clients’ mobility, independence and ability to participate fully in family and social life, long before the claim has concluded.
When claiming for compensation, Boyes Turner will help you gain:
The easiest way to get started is to talk to one of our friendly, experienced solicitors. You can talk to us free and confidentially about your potential claim, with no obligation, by contacting us by email.
It costs nothing to talk to us to find out about making a claim. Our initial advice is free.
When you first contact us, we advise you whether we can help you make a claim. We discuss how your claim will be funded, and advise, fully and clearly, how that works and what it will mean for you.
We offer a range of funding options, but the majority of our clients’ claims are handled on a conditional fee agreement (CFA) basis, often known as ‘no win no fee’. This means that there is nothing to pay at the outset or until the claim is settled, and you receive compensation. If you win your claim, the defendant’s insurer makes a contribution towards your legal costs. You pay nothing if your claim does not succeed.
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Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.
Kim at Boyes Turner was recommended to me after I had received ineffective service from another company. From the outset, Kim has been professional, reassuring and supportive. I have always had faith in her ability to get the best outcome, not only financially, but also in helping my rehabilitation from a traumatic brain injury. She is friendly and empathetic, with unquestionable professional integrity. She was quick to grasp the important issues in my case, was meticulous in her investigating the details and analysing them, realistic in what the outcomes were likely to be and achieved a successful outcome.
I would not hesitate in recommending her and Boyes Turner.
Almost 5 years ago my sons suffered a life changing brain injury accident. A new life for everyone, so many unknowns so many difficult decisions. I met Claire and the team shortly after the accident. So many questions answered but more than that, amazing lovely people. Claire has been guiding me and the family throughout this ordeal with such compassion, there every time I needed her we couldn’t of asked for a nicer person. I have met many others with in Boyes Turner and all have been genuine lovely people, I’m now working with Ruth and Lindsay from the court of protection. Again, I can't say enough about them amazing lovely people. They truly do won't the best for my son and they did and continue to do so.
Claire is exceptionally knowledgeable in the personal injury legal domain, especially in the specific area of my injury. From our very first conversation, she was clear in explaining the potential different routes that the process could take and provided me with expectations of what I could expect along the journey. She ensured that all bases were covered, organising meetings, discussions and necessary specialist appointments, in order to bring together the case and take it forward. Claire was then able to use her extensive pool of contacts, to appoint an "area leading" barrister, to represent me. Overall, I was very pleased with appointing Claire and Boyes Turner to act as my solicitor for the legal claim that I pursued. Thank you for all of your support.
I approached Claire Roantree of Boyes Turner in regards to making a claim about a workplace burns injury. It was something that had scarred me physically and mentally and taken a huge toll on the lives of me and my family. Claire wasted no time in finding out what happened and made sure I was treated by known experts and quickly finding an answer to my burns scarring and how I could be treated to help manage my pain. Claire also helped me by appointing a psychiatrist to understand my situation and help me cope with post traumatic stress disorder. As well as taking as much stress of the claim away, she was thorough in every situation, making sure I had the best possible claim, and handled it all expertly, I am so very grateful to her and her team. They have helped guide my life back into a positive direction and I can't thank her enough!
Excellent service from Claire and her team at all times. We were kept up to date at each stage of our claim. The outcome was much better than we expected and we would not hesitate to recommend Boyes Turner to family and friends.
