If a loved one has died in a careless driving road accident, you must explore your legal options for claiming death by careless driving compensation.
Receiving the news of the unexpected death of a loved one can be devastating, regardless of the circumstances. If their death was caused by careless driving, that grief is often mixed with feelings of anger and a sense of helplessness brought about by having questions to which you may never get the answers. While compensation may be the last thing on your mind at the time, it is often a practical consideration and something that unfortunately needs to be considered sooner or later.
Who Can Claim Compensation For A Death By Careless Driving?
Death by careless driving comes under the purview of personal injury law. Under this law, anyone who is injured in an accident that was caused due to somebody else’s fault may be entitled to file a claim for compensation. In this case, because the injured person is unable to pursue a legal claim, their family members can fight for the deceased person’s legal rights. This does not include any family member. The law clearly defines 3 legal entities that may have the legal right to claim compensation in case of death by careless driving.
- Dependents of the deceased – All family members who were dependent on the deceased are legally entitled to claim compensation. This includes the deceased’s minor children and spouse who depended on the deceased as a source of income.
- General immediate family members – General immediate family members include children who may not be dependent on the deceased’s income but are still closely related to the deceased.
- The estate of the deceased – The deceased’s estate is a legal entity that may be eligible to claim compensation for the purpose of passing it on as part of the deceased’s estate or to settle the estate’s debts.
Making A Death By Careless Driving Compensation Claim
If you are eligible to claim compensation for death by careless driving, there are a few things you should do to increase your chances of receiving compensation.
In order to receive compensation for death by careless driving, you must be able to prove that
- The fatal accident occurred, and
- The fatal accident was caused by careless driving or negligence on the part of the defendant.
Both of these are mandatory requirements when pursuing death by careless driving compensation.
One way you could obtain solid evidence is by securing CCTV footage that captured the incident. If there are CCTV cameras in the area that could have caught the incident on tape, get a copy of the footage where possible. It’s hard to deny photographic and video evidence and it could be your strongest weapon in a careless driving compensation claim.
If you can get in touch with anyone who witnessed the incident, their statements would lend crucial support to your claim. If any witness got photographs or a video of the incident scene, that could help your claim tremendously.
After any road accident, especially one in which somebody died, there is always a detailed police report that will be filed at the nearest police station. This report generally contains details about what happened, including the factors that may have lead to the fatality. If the police have found evidence that suggests that the offending driver was driving carelessly, that will be in the report and can lend support to your claim.
How Much Compensation For Death By Careless Driving?
How much compensation for death by careless driving you might receive depends on various factors. Essentially each claim is unique and therefore compensation payments vary. Speaking with a personal injury solicitor will enable them to factor everything in and then calculate what compensation amount you could claim for.
If your claim is successful, you could receive compensation for:
- General damages for your emotional suffering and bereavement at the death of a loved one;
- Medical expenses incurred, as an example in attempting life-saving treatment;
- Special damages, which encompasses general financial losses resulting from the accident, as well as loss of future household income;
- Expenses related to the funeral and burial services;
- Cost of short or long term child care if you are forced to go to work.
One thing you should be careful about is accepting any out-of-court settlement by the driver’s insurance company. No matter how much they may offer, you can be almost certain it will be lower than what a personal injury solicitor could get you. Before agreeing to anything with an insurance company, it is always a good idea to take the opportunity of a free consultation speak with an experienced personal injury solicitor first.
How Can A Solicitor Help?
When a loved one dies unexpectedly, it can throw your whole life out of gear as you try to handle your emotional upheaval, and console grieving family members, while at the same time attending to unavoidable practical and financial issues. At a time like this, it can be extremely difficult to think clearly, much less handle legal matters. When you have a personal injury solicitor dealing with a fatal accident claim, you can rest assured they will do everything they can to make the whole process as easy and straightforward as possible.
A personal injury solicitor will use their experience and knowledge of the law to make sure that your rights are protected and that you get the compensation due to you. Most solicitors will also file a death by careless driving compensation claim on a No Win No Fee basis, which essentially waives all consultation and legal fees until such time that the case is won and you’ve been awarded compensation. This gives you the benefit of getting expert legal advice and representation without having to pay any money upfront. It also allows you to take care of your personal commitments knowing that your legal rights are being taken care of.
If you would like to discuss a death by careless driving compensation claim with a personal injury solicitor to find out more about how the process works, what compensation you may be able to claim for and what it might cost then please contact us today.