Fatal medical negligence claims
If a loved-one has died as a result of a mistake or omission during their medical care, our specialist clinical negligence solicitors can help you get to the bottom of what went wrong and prevent it happening to someone else.
Coping with the loss of a person close to you is always difficult but we can help you find answers and relieve some of the financial burdens that come with the passing of a loved-one. You can then focus on supporting those around you and on your own grief.
We know how vital bereavement damages are to support a family through the sudden and devastating loss of a loved one. We will work with you on a no-win no-fee basis so that you do not have to worry about solicitor fees or legal costs. If for any reason your fatal claim is unsuccessful, you will not be out of pocket.
How can our clinical negligence solicitors help?
There are a number of ways our clinical negligence specialist solicitors may be able to support you if you suspect the death of a loved-one was the result of poor medical healthcare. These include:
– Helping you claim for compensation as a dependant of the deceased
– Claiming bereavement awards
– Representing you at inquests into the death of your loved-one
Compensation as a dependant of the deceased
The Fatal Accidents Act 1976 allows a dependant(s) of the deceased to claim compensation for losses arising from the person’s death. These losses can be both financial and for services, from the date of death up to the point where the deceased would have stopped providing for the dependant(s). For example, when a child of the deceased turns 18-years-old.
Dependants are usually the spouse, a partner under a civil partnership, an unmarried partner cohabitating for two years or more, and children. In certain cases, it is possible that grandchildren, elderly parents, grandparents, brothers, sisters, aunts, and uncles could have a claim if they were dependent on the deceased in any way.
Typically a dependant(s) can claim for loss of service (e.g. household chores such as DIY, decorating, gardening and babysitting), loss of intangible benefits (e.g. love, affection and other benefits beyond what maybe provided by financial replacement), gifts (e.g. regular gifts made to spouses, children or grandchildren), and funeral expenses (e.g. the cost for the wake, flowers and headstone).
Claiming bereavement awards
A bereavement award is made under the Fatal Accidents Act 1976. It is a compensation claim following the ‘unlawful death’ of a person cause by the negligent actions of another.
It is a statutory amount set by the government and is currently £15,120 for incidents after May 01, 2020. To claim bereavement awards, certain criteria must be met. You must be a spouse, civil partner, or parent if the child is under 18. Unmarried couples who have been together for at least two years are also included. The parent of a child who has died can make a claim but, if the child is born out of marriage, only the mother can claim.
A bereavement award can be claimed in cases of clinical negligence. With a clinical negligence claim, the deceased’s death is caused by the negligence of a medical professional. For example, if a patient dies as a result of misdiagnosis or poor treatment. A bereavement award can be handed out where clinical negligence is proven.
Attending inquests
When deaths occur in unusual or unclear circumstances, such as in cases of clinical negligence, an inquest will be held to establish the facts around the death. It is a chance for you to get answers. Legal representation is the best way to ensure you discover all the facts and find out whether more could have been done to prevent your loved one’s death.
As well dealing with your own and your family’s grief, inquests can be daunting, lengthy, detailed, and complex. They involve public institutions such as the police, NHS, or prison service. Our specialist solicitors may be able to represent you at inquests, to help guide you through proceedings and to make sure your voice is heard.
Our solicitors can help secure vital evidence, ask questions of witnesses, raise questions of law, deal with the media, and initiate a civil claim.
Strict time limits apply to legal processes and the possibility of bringing a claim, so please do not hesitate to talk to us about what has happened to you and your family. The quicker you get advice from a specialist clinical negligence solicitor at Birchall Blackburn Law, the better chance you have of a fair outcome and discovering the answers you need.