The first step is to reach out to us. We'll discuss the details of the case, giving you an initial idea of what you could expect from a claim. This allows us to understand your needs and to build our services around you.

We'll get straight to work gathering evidence. This may involve collecting police reports, medical records and witness statements. We'll also help you calculate any financial losses, like funeral expenses or lost income, that you may be able to claim for.

Once we've compiled a compelling argument, we'll send a letter of claim to the person or organisation we believe was responsible. This will notify them that you're making a claim.

Once a response on liability is received, we will focus on negotiating your compensation. However, fatal accidents can be more complicated than routine personal injury claims, and we may need to take the defendant to court for the claim to be resolved.

Should we need to take your claim to court, we’ll represent you during the proceedings and make sure you have the best chance of success. You can trust in our team's expertise to present your case compassionately but effectively and uphold your rights at all times.

Once a successful outcome is achieved, we'll make sure that the compensation agreed upon is promptly paid.

Close family members and dependents of the deceased can typically make a fatal accident compensation claim. This includes the spouse, civil partner, cohabiting partner (if they lived together for at least two years before the death), children, stepchildren, parents, and other close family members who were financially dependent on the deceased. Additionally, legal representatives of the deceased, such as an executor or administrator of the estate, may also make a claim on behalf of the family.

The Fatal Accidents Act 1976 governs these claims, allowing families to seek loss of life compensation for the financial support and emotional impact of their loss. This can include covering funeral expenses, loss of future income, and other related costs.

Whether you’ll need to go to court for a fatal accident claim largely depends on whether an agreement on liability and compensation can be reached out of court. Most fatal accident claims are settled through negotiation without requiring a court appearance, but we can't always guarantee that this will be the case.

When we present your claim to the party we believe is responsible, they'll have to decide whether or not they accept liability for the accident. If the defendant (or their insurer) accepts liability and agrees to the terms of compensation proposed, the case can often be settled out of court. Our fatal accident solicitors will proceed straight to negotiating the compensation amount and bring the case to a close as soon as possible.

On the other hand, if the other party denies their liability, or believes that the deceased person was partly responsible for the accident, and an agreement can't be reached through negotiation, the case will proceed to court. You may be asked to appear in court, depending on the evidence on which the case relies. Our empathetic solicitors will stand by you through this process, prepare you for the experience of the court process, and make sure you know what you need to do at all times. Wherever possible, we'll minimise how much you need to do during court proceedings and present your case on your behalf.

Compensation for fatal injury claims may include both dependency damages and a statutory bereavement award.

• Dependency damages: this payment reflects the financial support the deceased would have provided to the dependants. It can include loss of earnings, pension benefits, and services such as childcare or household maintenance.
• Bereavement award: this is a statutory sum payable to certain close relatives. Only the spouse or civil partner, or in some cases, the parents of a minor, are eligible for this award.

Each claim is evaluated individually, taking into account the financial losses incurred due to the death and the level of dependency the claimants had on the deceased. Our solicitors can help you to prove a financial dependency claim and calculate your losses to make sure you receive fair compensation following a loved one's fatal accident.

Most cases of sudden or unexpected death will be scrutinised by a coroner in a legal process known as an inquest. This is a fact finding inquisitorial process and, unlike a civil case, it is not about compensating the bereaved but about exploring the sequence of events that led to the fatality. If the circumstances surrounding the death are unclear, perhaps because a whole sequence of events led to the outcome, then there may be benefit to having Switalskis attend the inquest on your behalf - either simply as observers, or to take a more active role in questioning those involved. We can discuss this option with you, and it’s important that you do not wait for the outcome of a coroner’s decision before consulting with us.

A fatal accident claim is investigated thoroughly to establish the circumstances of the accident, determine liability, and assess the extent of financial losses and damages. Here is an outline of the investigation process:

1. Gathering evidence: this begins with collecting detailed evidence from the scene of the accident. Evidence may include police reports, witness statements, CCTV footage, and any available accident records. In workplace incidents, health and safety records are also reviewed.
2. Examining medical records: the deceased's medical records may be examined to understand the cause of death and any treatment they received before passing. This helps link the fatality directly to the accident.
3. Determining liability: a key part of the investigation is identifying who was at fault. This might involve assessing whether another party acted negligently or failed to fulfil a duty of care. 
4. Assessing financial losses and damages: investigators assess the financial impact on the family, which includes loss of income, funeral expenses, and other financial support the deceased would have provided. This may involve reviewing financial documents, employment records, and calculating future losses.
5. Consulting experts: in complex cases, experts such as accident reconstruction specialists, forensic analysts, or financial advisors may be consulted to provide insight into how the accident occurred, who was responsible, and the financial implications for the family.
6. Compiling findings for the claim: Once all evidence is gathered, the findings are compiled into a detailed report to support the claim. This report forms the basis for negotiations with the responsible party's insurer or for presenting the case in court if necessary. 

This investigation process is essential for building a strong case, helping the family receive fair compensation for their loss and ensuring that the responsible party is held accountable.

Loss of consortium is a legal term that refers to the deprivation of the benefits of a family relationship due to the injury or death of a loved one. It recognises the emotional, companionship, and relational losses suffered by family members, particularly a spouse or children when a loved one is severely injured or killed due to another party’s negligence.

In a fatal accident claim, loss of consortium covers non-economic damages and may include:

• Loss of companionship: the emotional loss of the close, personal relationship previously enjoyed with the deceased.
• Loss of care and support: the absence of the physical and emotional support that the deceased would have provided to their spouse, children, or other dependents.
• Loss of intimacy: for spouses, this includes the loss of emotional and physical intimacy and affection shared with the deceased.
• Guidance and mentorship: children of the deceased may be compensated for the loss of guidance, mentorship, and parental support they would have otherwise received.

Loss of consortium claims are typically brought by close family members, particularly spouses, and are intended to provide some measure of financial relief for the personal impact of the loss. It is important to note that the loss of consortium is a subjective claim, as it is difficult to quantify the value of companionship or emotional support. Courts or insurers assess these claims individually, often taking into account the nature of the relationship and the unique circumstances of the family.

In the context of fatal accident claims, financial dependency refers to the reliance of certain family members or dependents on the deceased for financial support. When someone dies in a fatal accident, those who depended on their income or contributions may be entitled to compensation to replace the financial support they have lost due to their passing.

The assessment of financial dependency in a fatal accident claim considers the deceased’s income, the extent of the support they provided, and how that support benefited the dependent. Compensation for financial dependency is intended to cover the loss of income, benefits, and financial contributions the deceased would have provided in the future. This can include lost earnings, pension benefits, healthcare benefits, and even the value of services provided by the deceased, such as childcare or home maintenance.

Service dependencies refer to the loss of practical, non-financial contributions that the deceased provided to their family or dependents. These are services that the deceased performed, often without pay, which now may require hired help or additional support from others to replace. When someone passes away due to an accident, their family may be entitled to compensation for the loss of these essential services.

Examples of services dependency include:

• Childcare
• Household tasks
• Home maintenance and repairs
• Transportation and errands
• Care for other dependents

The Law Reform (Miscellaneous Provisions) Act 1934 is a piece of legislation in the UK that allows the estate of a deceased person to claim for certain types of losses or damages suffered by the deceased up to the time of their death. Before this Act, a person’s claim for damages would expire upon their death, meaning their family or estate could not pursue compensation for losses suffered by the deceased. The Act changed this, ensuring that certain claims do not end with the deceased and can still be pursued on behalf of their estate.

The Act ensures that the rights of the deceased are upheld and that their estate and beneficiaries can receive compensation for certain losses that the deceased endured. This is separate from other claims that family members might bring, such as claims for loss of financial support or bereavement damages under other legislation like the Fatal Accidents Act 1976.