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Fatal Medical Accident Claims

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Fatal Accidents

Fatal Medical Accidents

If negligent medical care has resulted in the death of a loved one, our experienced and specialist Clinical Negligence team may be able to assist you pursuing a claim.

No amount of money will ever compensate you for the death of a loved one. However, you may wish to consider pursuing a claim for financial support if the deceased financially supported the family. Pursuing a claim will ensure that bereaved families recieve the necessary support during such a difficult time.

The team have specialist expertise in bringing claims following a fatal accident and will offer support and guidance at this incredibly traumatic time.

Who can claim?

In order to pursue a claim, you must be a ‘dependent’ of the loved one who has died. A dependent is classed as:

A wife, husband, ex-wife or ex-husband of the deceased.
A civil partner or former civil partner of the deceased (if living with the deceased for at least two years).
A parent of the deceased.
A child of the deceased.
Any person who was treated as a child of the family.
A sibling, uncle, aunt, niece, nephew or cousin of the deceased.

Who can bring a claim?

If someone has left a will, an executor can bring a claim on behalf of the estate. The executor can apply for probate, which allows them to administer the estate on behalf of the deceased and bring legal proceedings.

Can a claim be made if the deceased didn’t make a will?

In the event that the deceased didn’t make a will, someone (usually a family member) can apply for letters of administration to deal with the deceased financial affairs. Vincents Clinical Negligence team can assist you with that process.

What can I claim?

In certain circumstances, a claim can be pursued for:

The deceased’s pain and suffering before death.
Any losses which the deceased incurred before death (loss of earnings, treatment costs etc).
Statutory Bereavement award (see below).
Funeral expenses.
Probate fees.
Financial assistance for any dependants (spouse and children).

What is a Bereavement Award?

Under the Fatal Accidents Act 1976, if the deceased was your wife, husband, or a child under the age of 18 then you will be eligible to claim for a Statutory Bereavement Award, currently set at £15,120. This is paid to you in addition to a dependency claim.

Unfortunately, many relatives are still unable to claim this award following the death of a loved one. Presently, this award is not payable to children if a parent dies, to parents if their child is over 18 years old or to unmarried couples.

What do I need to do next?

We deal with claims under a No Win No Fee agreement and we provide a free initial consultation so that we can discuss what has happened and advise you how you can proceed.

Call us on 01772 555176 or complete online enquiry form.

Meet our team of experts

Medical Negligence and Personal Injury

Olivia Robinson

Call today 01772 280323

Email oliviarobinson@vslaw.co.uk

Olivia is a Director and Head of the Personal Injury and Clinical Negligence departments. She has over 20 years of experience dealing with Personal Injury and Clinical Negligence claims.

Read Olivia’s full bio here.

Medical Negligence

Debora Harrison

Call today 01772 28 03 40

Email deboraharrison@vslaw.co.uk

Debora Harrison is a Medical Negligence Solicitor at Vincents.

Debora has over 20 years of experience working in the Medical Negligence sector and has vast knowledge in a number of different areas of complexity, severity, value and injury type.

Read Debora’s full biography here.

Medical Negligence and Personal Injury

Olivia Robinson

Call today 01772 280323 Email oliviarobinson@vslaw.co.uk

Olivia is a Director and Head of the Personal Injury and Clinical Negligence departments. She has over 20 years of experience dealing with Personal Injury and Clinical Negligence claims.

Read Olivia’s full bio here.

Medical Negligence

Debora Harrison

Call today 01772 28 03 40 Email deboraharrison@vslaw.co.uk

Debora Harrison is a Medical Negligence Solicitor at Vincents.

Debora has over 20 years of experience working in the Medical Negligence sector and has vast knowledge in a number of different areas of complexity, severity, value and injury type.

Read Debora’s full biography here.

Medical Negligence and Personal Injury Olivia Robinson

Medical Negligence Debora Harrison

Medical Negligence and Personal Injury Olivia Robinson

Medical Negligence Debora Harrison

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Frequently asked questions

It is illegal for your employer to sack you for pursuing a claim against them. If your Employer dismisses you from your employment as a result of pursuing a claim against them then you may also have an Employment Law claim for Unfair Dismissal. We are able to put you in contact with an Employment Solicitor to provide advice to you should this eventuality occur.

In order for you to prove how you were injured as a result of an accident or in clinical negligence cases what illness or symptoms you have suffered then you will need to attend for a medical examination with an independent medical expert. In the more complex cases you may be required to attend more than one examination. After an examination, the independent medical expert will then provide a report setting out how you have been injured or what illness you are suffering and how long it will take for you to make a recovery.

The majority of personal injury and clinical negligence claims are settled without the need to go to Court however if we believe that it is isn’t going to be possible to settle your claim then we will advise you about going to Court. Going to Court to give evidence can be a daunting experience but Vincents Solicitors will support you throughout. Quite often claims will still settle during the Court process but without having to attend a final Hearing in front of a Judge.

How much compensation you receive in the event of a successful claim depends upon the severity of the injures or illness you have suffered and the wider impact this has had on your day to day life. You are entitled to claim two different types of compensation. General Damages are paid to you for the pain, suffering and loss of amenity suffered i.e for the injuries you have sustained. Special Damages are the losses you have incurred as a result of the accident or incident such as loss of earnings, medical treatment costs, travel expenses etc.

The length of time that a personal injury claim will take to conclude is different for each particular claim depending on the circumstances of the accident, how long investigations take and whether it is possible to reach an amicable settlement with the party at fault. If Vincents Solicitors aren’t able to successfully negotiate your claim with the opposing party then we will advise you about bringing Court proceedings which will add to the overall amount of time take to conclude your claim. However you can be assured that Vincents Solicitors will progress your claim as efficiently as possible.

If you have a claim for personal injury then Vincents Solicitors will deal with your claim on a No Win No Fee Agreement.

Personal Injury claims are largely pursued against the insurer of drivers, businesses, shops and other premises. In Clinical Negligence claims the claim will be brought against either an individual healthcare professional such as a Hospital Consultant, Surgeon, General Practitioner, Dentist or against a private clinic or NHS Hospital. Vincents Solicitors will investigate who is responsible for your claim and will negotiate both liability and settlement of your claim with the relevant party.

A personal injury claim should be brought within 3 years of the date of the accident. In clinical negligence claims the time limit is 3 years from either the event that caused your injuries or illness or alternatively 3 years that you became aware that an event had caused you harm (date of knowledge). If a claim is being made on behalf of someone who has died then the 3 year time limit will apply from the date of death. If a claim is being made on behalf of a child then the 3 year time limit will run from their 18th birthday. If a Claimant lacks mental capacity then the three year time limit will not apply.

Domestic Abuse is a pattern of behaviour that is used by someone to control or obtain power over their partner, and this include physical violence and threatening behaviour. It can happen at any time in the relationship and after separation.

You need to speak to a firm who has experts in dealing with whatever particular problem that you have whether that be Divorce, Writing your will, Conveyancing or something more specialist like Medical Negligence Misdiagnosis Claims or Trade Marks and Patents. At Vincents we have specialists across 7 locations who are approachable, knowledgeable and speak in plain english. Try and call us today and find out if we are the right fit for you.

Medical Negligence Client Reviews

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Personal Injury Client Testimonial

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Good morning Tracy,

I would like to say a massive thank you to you for all your support and communication throughout the process. I wouldn’t hesitate to contact you again if I ever need any further assistance and certainly would recommend the firm.

I chose Vincents Solicitors because of the locality and the nice things that you do for the community and charity.

Again thank you so much.

Yours Sincerely

Martin Blockley, Personal Injury Personal Injury Preston

Personal Injury Clients

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I’m writing to thank you and your entire law firm for all of your hard work throughout my case.

Throughout the time we worked together, everyone at your law firm was kind, patient, and supportive. My hectic university schedule made it difficult for me to respond quickly, so your team was sure to email me every time there was a new development.

I cannot thank you enough for the amazing treatment you gave me. I hope that our paths should never have to cross again (no more broken bones for me!), but if they do, I’m confident your hard work and determination will make my case a breeze.