Who can Claim?
When claiming compensation from the defendant for the deceased’s death, we can claim on behalf of:
- The deceased’s estate; and
- The dependants of the deceased.
Compensation for the deceased’s estate
This means that we can claim the amount of compensation that the deceased would have been entitled to at the point of death. This element of the claim must be pursued by the executor or the administrator of the deceased’s estate (see Grant of Probate/Letters of Administration section).
Dependants of the Deceased
We can also claim compensation for anyone who can show that they were dependent on the deceased at the time of death. This means that the dependant will need to show that they relied on the deceased for financial support and/or the services (such as help with household chores and looking after children) when the deceased passed away.
This is usually, but not limited to:
- The husband or wife of the deceased, or former wife or husband;
- A civil partner of the deceased who had been living with the deceased for at least 2 years immediately prior to death, or former civil partner;
- A parent of the deceased, or treated as a parent;
- A child of the deceased, or treated as a child;
- A brother, sister, aunt, uncle, niece, nephew or cousin of the deceased.
What should you do next?
We are usually instructed by the next of kin of the deceased but we are happy to talk to any member of the family to explore whether there a compensation claim.
We are happy to act on a No Win No Fee basis so if you would like our help at this difficult time, contact our expert team to discuss your fatal claim and the tragic circumstances of your loved one’s death.