Wrongful Death Lawyers Compensation Claim
Wrongful death lawyers can make compensation claims, following a fatal accident, on behalf of the survivors and beneficiaries of an individual who dies as a result of any wrongful act, neglect or default and legal action can be brought against the person or other party who was to blame for causing the accident.
Entitlement to make a claim is defined by law and will be dependent on the nature and degree of the relationship with the deceased. Wrongful death compensation can include loss of care, guidance and companionship, funeral and other expenses, loss of the services of the deceased and that portion of the deceased's contribution to the family earnings and pension. Compensation can be claimed by wrongful death lawyers for pain and suffering sustained as a result of the accident and all other losses prior to death however if death was instantaneous then pain and suffering damages will be minimal.
The actual calculation of settlements in wrongful death claims can be complex particularly if the deceased was self-employed, a director of an owner managed business or a member of the professions. Our lawyers have substantial experience in dealing with fatal accident claims and may use specialist forensic accountants to assist in bringing or defending a dependency claim.
Our wrongful death lawyers are very experienced in fatal injury compensation claims and we offer expertise that is second to none. Our lawyers deal exclusively in claims involving physical injury. If you would like to talk to an experienced advocate without obligation about wrongful death or a fatal injury or a fatal accident just call the helpline or email our offices or complete and send the contact form and a lawyer who deals exclusively in personal injury claims will phone you with advice at no cost and information on how best to preserve your legal rights to compensation.
Wrongful Death Lawyers
Negligence occurs when a person's acts or omissions cause another to suffer some loss or inconvenience and has been given numerous definitions one of the most often quoted of which is as follows :-
"The failure to do something which a reasonable person, guided by ordinary considerations would do; or the doing of something which a reasonable and prudent person would not do."
In order to take court action it is necessary for a wrongful death lawyer to show that the following elements existed:-
The defendant must have owed a duty of care to the claimant. In the case of road traffic accident claims all users of vehicles whilst on the roads must exercise consideration for other road users and the duty of care will exist almost without exception. Employers do of course also owe a duty of care to employees. Healthcare professionals almost without exception owe a duty of care to their patients.
Assuming that the duty of care does exist in the particular circumstances of the incident it must also be shown that the duty of care was breached by the proposed defendant whose behavior must have fallen below a reasonably acceptable standard. This means that a conviction in the criminal court is not necessary to prove negligence.
Finally it must be proved that loss, damage or injury resulted from and is directly attributable to the breach of the duty of care. Certain losses may however be considered to remote due to them being unforeseeable.
To put these issues in a nutshell, everyone has a duty of care to his or her legal neighbors who may be defined as anyone who is likely to be affected by any actions or omissions.