Fatal Accident Claims: Claiming for Loss of a Loved One

Team Oversight

Your case will be managed directly by Richard Meggitt, Solicitor, who brings over 30 years of extensive experience in successfully handling Fatal Accident Claims. Crucially, Richard Meggitt will visit you at your home throughout the life of the case, ensuring continuous personal oversight. He is supported by a dedicated team of solicitors and support staff to ensure robust operational management.

Phase 1: Immediate Crisis and Intervention (The First 6 Months)

This phase focuses on sensitive investigation, legal registration of the death, and securing immediate stability for the family.

• Initial Focus: Losing a loved one in an accident is devastating. We initiate your case with free psychological therapy for the bereaved family.
• Legal Action: We immediately engage in a rigorous investigation to establish liability, gather police evidence, and identify all necessary claimants and dependants.
• Estate Claim Initiation: We commence the Estate Claim process (under the Law Reform Act 1934) to recover Pain, Suffering, and Loss of Amenity (if applicable) and the Funeral Expenses.

Phase 2: Legal Foundation & Expert Valuation (The First 18 Months)

This phase builds the foundation of the complex Loss of Dependency claim by quantifying the family’s future financial loss.

• The Dependency Claim (Fatal Accidents Act 1976): This is the most substantial part of the claim. It seeks compensation for the financial losses you will suffer due to the death, covering:
  • Loss of Future Financial Support: Compensation for the income the deceased would have contributed to the household for the rest of their working life.
  • Loss of Services: Compensation for the monetary value of domestic services the deceased provided (e.g., childcare, DIY, gardening).
  • Statutory Bereavement Award: A fixed sum of compensation set by law.
• Expert Instruction: We instruct Forensic Accountants and Actuaries to establish the loss, projecting the deceased’s likely earnings and pension over their full working life to build a robust valuation.

Phase 3: Valuation, Litigation, and Strategy (The Settlement Calculation)

This phase focuses on calculating the total dependency loss and preparing for negotiation.

• Valuation Strategy: Valuation focuses on the full, lifetime loss of dependency, using expert evidence to resist attempts by the defence to reduce the future earnings model.
• Litigation Support: We involve our specialist Barristers (from 4KBW or Ropewalk Chambers) early to advise on complex causation and quantification strategy.

Phase 4: Financial Security and Protection (Post-Settlement)

This final phase ensures the compensation is legally approved and safeguarded for the family.

• Settlement Approval for Minors: If the compensation is for children or other minors, the settlement must be approved by the Court to ensure it is in the child’s best interests. This critical step guarantees the funds are sufficient and handled correctly.
• Trust Setup and Financial Protection: The final compensation is typically awarded as a tax-free lump sum. We work with financial experts like Frenkel Topping, based in Manchester, to advise on the best methods for structuring the dependents’ funds. This includes advice on using standard Trusts to manage the funds until the child reaches majority, ensuring the compensation is professionally managed and does not affect the family’s entitlement to state benefits