Fatal Accident Claims

Hampshire Swain & Co. Solicitors support families wishing to make fatal accident claims after the loss of a loved one

It is understandable that compensation and financial matters may be the last thing from your mind in the event that you tragically lose a loved one in a fatal accident.

But, it may be that you need to give it some thought if a child has been left without a parent, or you have lost your husband, wife or partner, particularly if they were the main breadwinner in the household.

Swain & Co.’s specialist personal injury claim solicitors are experienced in helping families with legal professionalism along with the sensitivity and sympathy needed with fatal accident claims.

Grieving needs to take its course, so we can help by taking some of your worries off you and getting the answers and compensation for you and your family.

We can give you specialist advice as to what compensation is recoverable.

For example, if you were financially dependent on the deceased, you could claim for the loss of financial support, loss of childcare or household duties, or loss of benefits such as pension rights.

The law stipulates who can make a dependency claim:

• A spouse or former spouse
• A civil partner or former civil partner
• A cohabitee provided that the couple have been living together as man and wife for more than two years
• A parent or ascendant of the deceased
• A child or other descendant of the deceased
• A person who is, or is the issue of, a brother, a sister, a uncle or an aunt of the deceased

In some cases, you may be entitled to bereavement damages (currently a fixed sum £11,800), but is only payable to a spouse or civil partner of the deceased or the parents of the child if married when their child was born, or the mother of the child if parents were not married when their child was born.

Getting answers

It is important to remember that an inquest will tell you how your loved one died, but it will not establish fault.

To make a fatal accident claim we must establish fault or liability, i.e. to make a claim successfully we must show that the fatal accident occurred through a third party’s negligence.

We will help you through this difficult process.

We offer free initial advice to discuss the possibility of bringing a fatal accident claim, and we may be able to represent you and your family on a no win no fee basis – if your claim is unsuccessful, it will not cost you a penny.


Above information applies to law and procedures in England and Wales only