It may be possible to claim medical negligence compensation (damages) as a result of someone's death if another person or organisation was fully or even partially to blame. A claim can be brought whether the death resulted from clinical negligence, a Road Traffic Accident (RTA) or a work related death (including industrial or health and safety related accidents).
At Kingsley Napley we recognise that money may not be able to compensate you for the death of someone close to you. We are experienced at acting for individuals at such difficult times in their lives. We can advise you on whether you may be able to make a clinical negligence claim and we will help and guide you through the process.
The cause of a person's death may not always be obvious and bringing a claim, which investigates the circumstances leading up to a person's death, may help you find some answers. However, the outcome of bringing a claim is to obtain you, and other people who were dependent on the deceased, financial compensation due to medical negligence.
It may be that where a death is unexpected a Coroner will be asked to hold an Inquest to investigate the circumstances which led to the death. The purpose of the inquest is not to apportion blame, but it can provide useful information which may assist in bringing a claim. We are experienced at representing families at inquest as part of the medical malpractice investigation process.
Who can claim and for what?
A personal representative (executor of a will of administrator of an estate) can make a claim on behalf of the Estate. A spouse, civil partners, co-habitees (of two years or more) parents/guardians, grandparents, siblings and aunts/uncles can make a claim as a dependent.
In a Fatal Accident Claim you may be able to make the following claims:
- The claim on behalf of the estate. This can be for pre-death pain and suffering, expenses incurred on behalf of the estate (e.g. funeral expenses) and financial losses arising from the death (e.g. loss of earnings).
- A claim on behalf of dependants. Dependents can claim for loss of financial support (including loss of earnings and pension rights), loss of services of their loved one (e.g. childcare, household duties, DIY etc) and for the loss of other potential benefits (e.g. a potential inheritance).
- A statutory claim for bereavement damages. This is currently a fixed sum of £11,800.
If you believe you may have a fatal injury clinical negligence claim, please contact the team by email at clinnegenquiries@kingsleynapley.co.uk or by calling +44 (0)20 7814 1200.
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