Fatal Accident Claims
Losing a loved one in any circumstances is never easy. Comprehending a bereavement caused by the wrongful act of another is near impossible.
If you have lost someone because of a fatal accident, Cantillons Solicitors have experienced Fatal Accident Solicitors who can advise you on the merits of bringing a Fatal Accident Claim.
We are acutely aware of the complexities that are interwoven with the emotional and financial hardship for the families concerned. On your behalf, we will investigate the cause of your loved one’s wrongful death and help you navigate the claim and Court procedures.
What Is A Fatal Accident Claim?
Fatal injury claims occur when someone dies because of someone else’s fault. These claims are brought by the deceased’s dependants against the person at fault. The aim is to get compensation for the financial and emotional loss to the dependants, covering things like loss of income, funeral expenses and loss of companionship.
What Are The Types And Causes Of Fatal Accident Claims?
Fatal accident claims can arise in any number of situations, such as fatalities caused by Medical Negligence, a road traffic accident or an accident in the workplace.
What Can You Claim For In A Fatal Accident Claim?
- Shock & Distress Claims
Witnessing the death of a loved one in a fatal accident can cause shock and even PTSD (post traumatic stress disorder). In the event that you are a direct witness, a claim can be made on the grounds of nervous shock.
Dependants in a Fatal Injuries Claim can claim for mental distress and upset arising from the death of a loved one. This is known as a “solatium” payment and the Courts can award €35,000 for this stress and upset.
- Funeral Related Expenses
Funerals in Ireland can cost thousands of euros. In the case of a fatal accident, the family can include these expenses in the Fatal Accident Claim.
Funeral costs such the cost of cremation or burial and the headstone can be included. Dependents may also submit the cost of travel to the funeral. It is not uncommon to include the cost of the funeral wake or acknowledgment cards also.
- Financial Loss
When a loved one passes unexpectedly, it can leave their dependents at a loss financially. Dependants in a Fatal Injuries Claim can claim this financial loss. Evidence must be supplied for each dependent. When claiming for financial loss, Cantillons Solicitors can assist you in calculating the loss amount.
- Loss of Service
If the deceased provided services to the household (for example gardening, D.I.Y., childminding etc.) then the cost of providing these services into the future can be claimed.
- Legal Representation at the Inquest
If there is a Coroner’s Inquest, then the cost of legal representation can be claimed.
Who Can Make A Fatal Injury Claim?
Only one dependant of the deceased can bring a Dependants in a Fatal Injuries Claim but this dependant represents the whole group. In order to bring a claim, it is recommended that all dependant agree to the appointment of one dependant to bring the case on behalf of all the dependants.
The dependents who can bring a Fatal Accident Claim, include the deceased’s:
- Children;
- Spouse/partner;
- Grandchildren;
- Siblings;
- Grandparents.
How To Make A Fatal Accident Compensation Claim In Ireland
To make a Fatal Accident Compensation Claim in Ireland, you should first select a Solicitor who has experience with Fatal Accident Compensation Claims.
Your Fatal Claim Solicitor will guide you through each step of the process, including submission to the Injuries Resolution Board / Personal Injuries Assessment Board (PIAB).
In order to bring a Fatal Accident Claim, your Solicitor will need:
- Details of the deceased – full name, address, date of birth, P.P.S. Number etc.
- Details of the accident.
- Details of all dependants of the deceased – their full names, addresses, date of births, P.P.S. Numbers etc.
- Details of the deceased’s income and potential income (contracts etc).
- Details of the loss suffered by the dependents.
- Details and receipts of all funeral costs incurred.
- Receipts for travel of any dependents to attend the funeral.
It is not necessary to have all of these for the first meeting with your Solicitor.
In your initial meeting, your Solicitor will establish the core details and give you an opportunity to ask any questions you might have.
What Are The Legal Time Limits For Fatal Accident Claims?
The time period allowed for bringing a Fatal Accident Claim is complicated and is very dependant on the facts. Generally speaking, Fatal Accident Claim must be brought within two years of the death of the deceased or two years from the date the dependant had knowledge of the death . Any claim outside of this time period is unlikely to be considered.
For dependents under the age of 18, there could be cause for the claim period to be delayed. However, this should be checked with your Solicitor as soon after the date of death as possible.
Contact Our Fatal Injury Claim Solicitors In Cork
If you are looking for an Experienced Fatal Injury Claim Solicitor, please contact Cantillons Solicitors using the contact form below, Alternatively, call us at Cork +353 (0)21 4275673 or Dublin +353 (0)1 264 1802 or email us at info@cantillons.com for more information.
Our offices are located at 39 South Mall, Cork and 31-36 Ormond Quay Upper, Dublin. We do, however, represent clients from all over Ireland. Should you be unable to attend our offices, we are more than happy to travel to you. We also offer consultations via telephone or Zoom so as to avoid the stress of travelling where necessary.
* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Many Personal Injury Solicitors portray themselves as “no win no fee Solicitors Cork”. This term can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.
