When a person dies because of someone else’s negligence, the family will usually have two questions first: who can claim, and what can be recovered? The answer is not always straightforward. The claim for the family’s lost support is different from a claim made by the deceased’s estate for losses suffered before death. Different people may benefit from each claim.
The position should be investigated early. There may be children, a spouse living abroad, an unfinished probate application and a police investigation still in progress. None of these matters prevents the family from taking advice or protecting the claim.
When there is a claim
Fatal accident claims arise most often from road collisions, accidents at work and unsafe premises. They can also follow negligent medical treatment. The fact that somebody has died does not, by itself, establish legal responsibility. In a medical case, an unsuccessful outcome is not necessarily negligence.