Should a family member or a loved one sustain a fatal injury either as a result of an accident or the development of an industrial disease any personal injury compensation that can be recovered will consist of two basic elements:
- Compensation payable to the Estate of the deceased;
- Compensation payable to the Financial Dependents of the deceased.
Any payments which are due to the Estate will be distributed in accordance with any Will left by the deceased or in the absence of a Will, the rules of Intestacy. Any payments made under the Dependency Claim will be determined by the level of financial dependency that existed at the time of death.
The elements of a fatal injury compensation claim which fall into the Estate include any:
- Pain and suffering experienced by the deceased prior to death;
- Financial losses incurred by the deceased prior to or at the time of death
- Funeral expenses.
The level of compensation payable to the Estate will obviously vary depending upon the circumstances in which death occurred. In an accident where death is instantaneous there is unlikely to be any award for pain and suffering and the financial losses incurred will also be minimal. Should an individual suffer from an industrial disease such as mesothelioma, significant losses and expenses may accrue during the period of illness which will be recoverable by the Estate. This may include for example nursing care and the cost of medical treatment. Any award of pain and suffering is also likely to be significant in such circumstances.
At Sintons our specialist personal injury solicitors have a wealth of experience in pursuing fatal injury compensation claims on behalf of both the Estate and Financial Dependents.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.