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Coroner inquests and fatal personal injury claims

By Charlotte Henshall

Published In: Personal Injury

A coroner inquest is a legal inquiry to determine the cause of someone’s death. It aims to establish who the deceased was, and how, when, and where they died. This is determined by a coroner. A coroner is usually a qualified lawyer or a medical professional appointed by the local authority.

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Coroner inquests are required in cases where the death is sudden, unexpected, or suspicious, as well as in cases where the cause of death is unknown or unclear.

Inquests in personal injury claims serve the purpose of clarifying the circumstances surrounding an accident or death, determining liability, and providing crucial evidence to support compensation claims.

If a personal injury claim involves a situation where the injured person has subsequently died, an inquest may be necessary to determine the cause of death. This is particularly important if there are questions surrounding whether the injuries sustained in the accident directly contributed to the person's death.

Evidence gathered in coroner inquests

During an inquest, evidence is gathered from witnesses, medical professionals, and experts to establish the circumstances surrounding the death. The coroner may also request post-mortem examinations and other investigations to assist with the determination.

Family members of the deceased can participate in inquests by providing evidence, asking questions, and making submissions.

Evidence gathered during an inquest, such as witness statements, expert testimony, and medical reports, can be valuable in supporting a personal injury claim.

Legal representation in coroner inquests

Legal representation is not mandatory in coroner inquests, but it can be beneficial, especially in complex cases or if the family wishes to ensure their interests are fully represented.

Outcome of an inquest

After the evidence has been presented and considered, the coroner will reach a conclusion into the cause of death. Verdicts available include natural causes, accident, suicide, industrial disease, lawful or unlawful killing. If a conclusion cannot be reached a coroner can provide an open verdict.

It's essential to note that an inquest conclusion, for example, an ‘accident’, does not automatically preclude the possibility of pursuing a personal injury claim. Personal injury claims can still proceed if there's evidence to suggest that the accident occurred due to someone else's negligence or breach of duty of care.

Duration of an inquest

The duration of an inquest can vary, depending on factors such as the complexity of the case, the availability of evidence and witnesses, and any legal challenges. Some inquests may be concluded relatively quickly, while others may take several weeks or months to complete.

Challenging findings of an inquest

Findings of an inquest can be challenged through legal avenues if there are grounds to believe the decision was incorrect or if there are concerns about the conduct of the inquest.

Switalskis experienced personal injury team can assist and support in fatal accident claims which involve inquests. For further advice on coroners’ inquests in personal injury claims please contact our personal injury team on 01302 320621 or email help@switalskis.com.

 

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Charlotte is a trainee solicitor gaining a wide range of experience in different departments throughout the firm.

Trainee Solicitor

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