The death of a dear one as a result of a fatal mishap is one of the worst things that can happen. To the survivors, the legal procedure of seeking justice and compensation appears to be very complicated. However, with proper legal assistance such as Watermans lawyers, handling a fatal accident claim in the UK becomes easier. This article is a step-by-step explanation on how to file such a claim, from the first meeting with the attorney to trial and settlement.
Initial Consultation with a Solicitor
The first thing that has to be done in order to pursue a fatal accident claim is to consult with a knowledgeable solicitor. One should make sure that the legal representative selected has experience in wrongful death cases so that they are aware of all the factors that surround such a case. In this first meeting the solicitor will take details of the case and decide whether it has prospects of success. They will also inform them on legal procedures, time frame and possible results. At this stage, you may wish to raise any questions you may have and to consider the options that are open to you regarding the funding of the case, including the Conditional Fee Arrangements more popularly known as ‘no win no fee’.
Establishing Liability
The next step after instructing your solicitor is to establish who is to blame for the fatal accident. This will often entail proving negligence; that is, the defendant was careless in their actions (or inactions) and this led to the accident which resulted in the death of your loved one. Solicitors will gather evidence and this may be in the form of police reports, witness statements, medical records and in some cases, expert evidence. The objective is to create a strong foundation which points the finger at the culpable party.
Gathering Evidence
The solicitor will conduct a thorough investigation when handling a fatal accident claim. Proof is the foundation of any argument and it can be expected that a wide range of materials may be needed. This may be in form of videos from security cameras, pictures of the scene of the accident, and intricate analysis of the scene. Occasionally, there may be a need to involve people who specialize in reconstructing how the accident occurred. The solicitor will strive to make sure that all the relevant documents and proofs are collected on time to support the claim.
Calculating Damages
Claims made in cases of fatal accidents are not only concerned with the question of who is to blame, but also with the question of how much compensation should be paid. This may not be easy to do as there are various categories of damages to take into account. These are damages for the loss of the society by the death of the affected person, the pain and suffering endured by the deceased, the losses that the family of the deceased is likely to have incurred due to the death of the affected person and the medical and funeral expenses that were incurred in the process. In addition, there are ‘loss of services’ which are monies that the claimant would have received from the deceased in form of services that the deceased would have provided in the home. Your solicitor will then go through the claim in detail in order to identify all possible avenues of compensation.
Negotiating a Settlement
Most of the fatal accident claims are settled out of court as opposed to going to trial. After liability has been assumed and damages have been estimated, the representatives of the defendant may offer a settlement. This offer will be scrutinized by your solicitor and he or she will determine if this offer is reasonable and fair. They may also be in a position to bargain for you so that you get all the amount that is due to you. Sometimes negotiations may go round and round until a solution is reached to the problem at hand.
Proceeding to Court
If the claim cannot be settled fairly through negotiation, the claim may have to go to court. Nevertheless, there are situations when the trial is required to address the fatal accident claims, and most of them are not taken to trial. In court, a judge will look at the evidence presented and will then come to a conclusion on who was at fault and who should pay. Court cases can be scary, but you will be accompanied by your solicitor and he or she will ensure that your side of the story is presented to the court.
The Court’s Decision
If the claim is taken to trial, then the judge will make a determination based on the evidence that has been adduced. The judge will decide whether the defendant was responsible for the accident and if so, how much the defendant should pay. The decision of the court will be final, and the defendant will be in a position to pay any other compensation that may be awarded. However, it should also be pointed out that depending on the circumstances, either party may have the right to appeal the decision to the appropriate court if they think an error has been made.
Receiving Compensation
After a compensation has been negotiated or after a court case has been concluded, the process of receiving compensation starts. This may be in the form of a one-off payment or an annuity payment where the payment is made periodically. Your solicitor will also make sure that all the compensation is paid on time and will help you in case any problems occur in this process.
Final Considerations
It is not easy to seek compensation for a fatal accident since it is a delicate process that involves a lot of legal proceedings. As much as it is impossible to bring back a person, winning a claim can provide financial security and a form of closure. At every step, one needs a reliable legal assistance, for instance, Watermans lawyers, who will help to go through all the steps carefully and responsibly. With knowledge of the steps taken, you can go through the process with more confidence as well as guarantee that justice is done.
