Who is eligible to bring a claim when someone dies?

Who is Eligible to Bring a Claim when Someone Dies?

One of the toughest things that anyone can go through is when a loved one dies, grief can be overwhelming and pursuing a claim may be the last thing you would want to do. However, for many people who sadly have had someone die result of personal injury or medical negligence and wish to pursue a case, it is important to consider who is entitled to do so.

Each person’s family and situation are unique with some being less straightforward than others. If you are uncertain about whether you have a claim and if you are entitled to do so, please contact our team.

Dependants of the Deceased

Under the Fatal Accident Act 1976, the dependants of the deceased can bring a claim.

To be classified as a dependent, it must be shown that financial hardship will be suffered as a result of the death. There are numerous categories of dependants of the deceased which include but are not limited to:

  • a spouse
  • civil partner
  • cohabiting partner (providing the couple lived together for more than two years immediately before the death)
  • parent
  • children
  • siblings
  • aunt or uncle

Financial losses which a dependant may be entitled to claim, include loss of earnings and pensions along with funeral expenses, as well as the cost of replacing the contribution the deceased would have made domestically such as child care, DIY or gardening. This is not an extensive list so please contact our team for further information. 

In some cases, eligible dependents are entitled to receive a fixed bereavement award which is currently £15,120.

The Estate of the Deceased

Under the Law Reform (Miscellaneous Provisions) Act 1934, a claim can be brought by the deceased’s estate.

Either the executor(s) or administrator(s) of the deceased’s estate brings the claim, with any damages awarded to the deceased’s estate being distributed in the same manner as the rest of the deceased’s estate. 

Losses can also be claimed by the deceased’s estate which arises from the moment of injury until their death, for example, the pain and suffering caused to the deceased as well as funeral expenses.

Fatal claims can be complex. At GoodLaw Solicitors LLP, we have a highly experienced and engaged team who will build the strongest case possible to ensure the family of the deceased are not left financially disadvantaged following a death of a loved one.

By Published On: July 18th, 2022Categories: Insights

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