The sudden loss of a family member is understandably a painful and traumatic time, particularly when the death comes unexpectedly. At this time bereaved families are often left to manage the administration relating to the death, deal with legal affairs, arrange the funeral, and try to cope with the financial worries that often arise.


Whether you have lost someone close to you due to an accident (such as a car accident or a fatal workplace injury) or if you believe that their wrongful death was caused by negligent healthcare, then you may wish to explore making a claim for compensation.


Our medical negligence and personal injury lawyers answer some frequently asked questions around fatality claims.


What is a fatal claim?


A fatal claim is a claim for financial remedy after someone has lost their life due to an accident or due to medical negligence.


Some examples of the types of fatal claims that we deal with include road traffic accidents, construction site accidents and industrial diseases and any death resulting from negligent medical treatment.


Why make a claim?


Bringing a claim cannot change what has happened or make life without your loved one any easier, but there are numerous reasons why families may wish to make a claim.


When someone dies due to the negligence of another person, it can be incredibly difficult to comprehend, accept and find a way forward. A claim can lead to investigations taking place to understand how and why a death has occurred. This can be extremely comforting for a family and potentially lead to changes being made, for example to workplace practices, to ensure this does not happen again.


The sudden loss of a household breadwinner can have a serious financial impact on the whole family. In the absence of or in addition to life insurance, compensation can help cover mortgage payments and general living expenses to ensure some stability for the future.


grieving family fatal injury claim medical negligence solicitors


Who is eligible?


Following a death there is a limited criteria of people who can pursue a claim.


The executor of the person’s will is eligible to make a claim on behalf of the beneficiaries of the estate.


If a will was not in place, then it may be possible to look at obtaining the necessary probate to allow a claim to be made. This is something that our probate colleagues at Lamb Brooks can assist with as part of the claim.


How do you make a claim?


The first step to making a claim is to speak to lawyers that specialise in personal injury or medical negligence claims. Talking to one of our experts at Lamb Brooks is free, confidential and comes with no obligation to instruct us. After initial information is taken, our lawyers will be able to quickly tell you if they think you have a claim. If so, you can decide to instruct us to act on your behalf on a no win/no fee basis.


There is a strict time limit on making a claim. The deadline for making a claim is three years from the date of the death. It is important to not delay, as the investigations required for these types of claims often take many months and sometimes years.


Speak to Someone Today


Have you lost a spouse, child or parent due to a sudden accident or medical negligence? Are you looking for some guidance and reassurance before starting the claims process.


Please get in touch with our experienced, professional and compassionate legal team today.


For a no obligation discussion please call us on 01256 844888, email enquiries@lambbrooks.com or speak to our online chat assistant who is a real person available 24 hours a day on our website.


Other Articles You May Be Interested in Reading:

A Practical Guide to an Inquest

Most GPs Ill-Equipped to Diagnose Deadly Cancers

How Much Does a Personal Injury Claim Cost?


The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice.  The law may have changed since this article was published.   Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.