WHAT IS FATAL INJURY?
Fatal injury means an injury suffered by a victim in an accident that results in his or her death within 30 days of the date of the accident.
This tragedy causes someone to die and a particular one which causes damage or injury. Fatality, human death as a result of an accident or a disaster.
WHEN I MAKE A FATAL INJURY CLAIM?
Claims of tragic accidents or acts of unintentional injury occur in cases where one person has died as a result of another person’s unlawful actions. It is a deceased person’s dependents who put a fatal allegation of an accident against the wrongdoer.
The applicable law specifies that in relation to the death, only one claim can be brought against the same person. This has to be carried in on behalf of all dependants of the deceased. If you have had the horrible experience of losing a loved one and think that you might qualify for a claim for a fatal accident. A significant thing to consider in any claim of personal injury is obtaining proof of the harm done. This is generally illustrated by reliable evidence such as medical records, or a medical practitioner report that supports the argument. The harm is done by a fatal injury and it goes without saying, is death.
The different types of cases usually surrounding a fatal accident claim include:
- Accidents at work
- Road traffic accidents
- Criminal Injuries Compensation Tribunal cases
- Garda compensation
- Bicycle Accidents
- Motorbike Accidents
- Criminal Assault
- Aviation and aircraft accidents
- Rail and train accidents
WHO IS MAKING A CLAIM?
The deceased’s legal representative has a maximum of 2 years from the date of death to put in court proceedings making a claim for a fatal accident. A false claim to an accident is most often made to preserve the deceased’s identity and reputation. There would be a deduction for the contributory negligence factor if the deceased person is found to have contributed to his or her own death. As a rule, the deduction takes place at the court’s discretion. It depends on the specific circumstances of each situation. It is important to remember that you have to rely on the deceased for financial assistance to make a lawsuit, have suffered financially and emotionally as a result of the tragic accident and have to be connected to the deceased. Dependencies therefore usually include:
- Partner or former partner
- Brother or Sister
- Husbands and wives (to include divorced spouses and annulled marriages)
- Step children
The losses endured by the deceased’s financial dependent are assessed under the following headings:
- Loss of resources rendered available by the deceased,
- The financial dependence loss after the incident,
- Loss of potential retirement dependence;
- Loss of potential retirement financial dependency,
- Accelerated value of the passing on of deductible properties.
In addition, depending on the case, the court may decide to instruct the offender to pay you an amount of settlement for the ordeal that you had to go through. Our team of experienced advocates for fatal accidents can help you through this process.
WHAT IS CLAIM RESOLUTION?
A defendant is only entitled to make a claim on a lawsuit for a fatal accident if they have sustained financial damage or emotional trauma as a result of a loved one’s death. The law provides for an argument to be made under these conditions
- Financial Losses:
An individual who has been financially dependent on the deceased can suffer financial losses if they die. The surviving spouse and his immediate relatives, for example. The onus is on the person seeking to show the financial damage they and each child sustained from the fatal accident.
- Funeral Expenses
Funeral expenses may include a headstone and the normal burial / cremation costs. Other expenses that may be included are accreditation card costs, travel expenses etc.
- Mental Distress
The amount of mental stress awarded to dependents of a deceased person following a fatal accident. The claimed is meant to be an expression of sorrow rather than some effort to compensate for it. To this figure the loss of financial dependency in the future would be added. Although this will help to alleviate the short-term financial pressure, it will never replace a loved one. We understand this is an incredibly difficult moment. We’re here to help you step quickly through the compensation process for fatal incidents. For further information on making a claim, please feel free to contact our office if you wish to discuss.