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Victims Claim

You can claim compensation if the victim suffered distress, emotional or physical pain prior to their death. Compensation will also be awarded for the victim’s financial loss sustained between the time of the injury and their death. If the death occurred instantly, then there will not be any compensation awarded under this heading because current law indicates that there would be have been little or no suffering to the victim.

It follows that if the deceased suffered any pain or distress following the accident which resulted in their death, then you are able to claim for their suffering. You can also claim for any financial losses arising from their injuries including, for example, their medical expenses and their loss of earnings. You can also recover their funeral expenses.

If you or a family member was dependant on the finacial support of the victim you could make a dependants claim. There is also a separate statutory award for bereavement applicable in certain circumstances.

What to do next?

There are strict time limits that must be complied with to enable a fatal accident claim to proceed. Court Proceedings must have been commenced within three years of the date of death or the date the death was linked to the accident/exposure. If a person is part of the way through dealing with their personal injury compensation claim when they die, then the three year deadline begins from the date of their death; so as to enable their family to continue with the claim.

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