Losing a loved one is never easy, and when their death is the result of someone else’s negligence, the pain can feel overwhelming. In such cases, you may wonder whether it’s possible to take legal action on their behalf. The answer is yes—UK law allows you to bring a personal injury claim for someone who has died, provided certain conditions are met. In this article, we’ll walk you through everything you need to know, including who can make a claim, what you can claim for, and how to get started.
Understanding the basics: what is a personal injury claim?
A personal injury claim is a legal process where you seek compensation for harm caused by someone else’s negligence. If the negligence leads to death, the law provides a way for family members or those close to the deceased to pursue a claim on their behalf. This is not only about financial compensation; it’s also about seeking justice and holding those responsible accountable.
Who can make a claim?
In the UK, not just anyone can bring a personal injury claim on behalf of the deceased. You need to fall into one of the following categories:
Personal representative
This is usually the executor named in the deceased’s will or someone who has applied for letters of administration if there is no will. The personal representative manages the deceased’s estate and has the legal right to make a claim on their behalf.
Dependents
If you were financially or otherwise dependent on the deceased, you may also be eligible to make a claim. Dependents can include:
- Spouse or civil partner
- Former spouse or civil partner
- Children (biological, adopted, or stepchildren)
- Parents, grandparents, or siblings, depending on the circumstances
As someone grieving the loss of a loved one, thinking about legalities can feel overwhelming. But if you are eligible, pursuing a claim can help ease some of the financial burdens, such as funeral expenses or lost income.
What can you claim for?
If your loved one has passed away due to someone else’s negligence, you may be entitled to compensation under a few different categories.
Pain and suffering (general damages)
This covers the suffering your loved one experienced between the time of the accident and their death. If they endured pain and emotional distress, compensation can be claimed for that.
Financial losses (special damages)
This includes any financial losses your loved one incurred between the time of the accident and their death. Examples of these losses are:
- Loss of earnings
- Medical bills
- Care costs
- Funeral expenses
Dependency claims
If you depended on the deceased for financial or practical support (like childcare or housework), you can claim for the loss of that support. This could include the loss of income they contributed to the household or any services they provided that you now have to pay for.
Bereavement award
In the UK, certain family members are entitled to a fixed sum called the bereavement award. Currently, the award stands at £15,120. It is available to:
- The spouse or civil partner of the deceased
- Parents of a deceased child under the age of 18
What happens if they were already pursuing a claim?
Sometimes, a person might have already started a personal injury claim before they passed away. If that’s the case, you can continue the claim on their behalf. The personal representative of the estate will step into the deceased’s shoes and pursue the claim for any compensation owed.
This compensation will then be distributed according to the terms of the deceased’s will, or if there’s no will, it will follow the rules of intestacy.
The importance of a grant of probate or letters of administration
Before you can officially bring a claim on behalf of your loved one, you will likely need to get a grant of probate (if they had a will) or letters of administration (if they didn’t have a will). These are legal documents that give you the authority to deal with the deceased’s estate, including pursuing a personal injury claim.
If you haven’t applied for probate or letters of administration yet, don’t worry—it’s a common part of the process. A solicitor can guide you through how to apply and ensure everything is in order.
Time limits for making a claim
In the UK, there is typically a three-year time limit for making a personal injury claim. This period begins from the date of the death, provided the death occurred within three years of the initial incident that caused the injury.
This can feel like a tight timeframe when you’re grieving, but it’s important to keep this in mind to avoid losing the right to claim. While some exceptions exist (such as in cases involving children or individuals with mental incapacities), it’s best to seek legal advice as soon as possible to avoid complications.
How much compensation could you receive?
The amount of compensation you may be entitled to depends on several factors:
- The level of pain and suffering the deceased endured
- The financial losses they incurred, including earnings and medical costs
- The impact of their death on any dependents, including loss of income or services they provided
Compensation is intended to help you recover financially from your loss, but it’s not just about the money. It’s also about finding a sense of closure and ensuring that those responsible for your loved one’s death are held accountable.
Steps to making a personal injury claim
If you decide to move forward with a personal injury claim for someone who has died, here’s a simple guide to the steps you’ll need to take:
- Get Legal Advice: While it’s not mandatory to hire a solicitor, doing so can significantly improve your chances of success. A solicitor will handle the complicated legal procedures and ensure you get the maximum compensation possible.
- Gather Evidence: Evidence is key to proving the claim. This can include medical records, witness statements, and financial records showing any losses suffered.
- Apply for Probate or Letters of Administration: If you are the personal representative, you’ll need to apply for the legal authority to act on behalf of the estate.
- Submit the Claim: Your solicitor will submit the claim, either negotiating a settlement or, if necessary, taking the claim to court.
- Receive Compensation: Once the claim is settled or a court judgment is made, compensation will be paid to the estate and distributed according to the will, or it will be paid directly to dependents in the case of dependency claims.
Do you really need a solicitor?
You may wonder whether you need a solicitor at all. The truth is, while you can handle some of these steps on your own, hiring a personal injury solicitor who specialises in cases involving fatalities can make the entire process much smoother.
A solicitor can help:
- Navigate the complexities of probate or administration
- Maximise your chances of a successful claim
- Ensure you claim for everything you’re entitled to, including financial losses and the bereavement award
At such an emotionally challenging time, having professional guidance can provide peace of mind, allowing you to focus on grieving and healing.
Conclusion: seeking justice for your loved one
Making a personal injury claim for someone who has died is a way to seek justice on their behalf. It’s about holding those responsible accountable and ensuring that you and your family have the financial support you need to move forward.
While the process can feel daunting, you don’t have to go through it alone. A solicitor can guide you through each step, ensuring that your rights are protected and that your loved one’s memory is honoured.
If you’re considering making a claim, now is the time to get expert advice and start the process. Remember, there’s a limited window to take action, so reach out to a professional who can help you through this difficult time.