How Fatal Accident Claims Work and What Families Are Legally Entitled to Pursue

Learn how fatal accident claims work and what families are entitled to pursue legally following a tragic loss.

How Fatal Accident Claims Work and What Families Are Legally Entitled to Pursue

When a loved one dies in a fatal accident, it’s a loss that no legal system can ever really compensate for in any human way. What the law can do, and what it is intended to do, is to make sure that the financial and practical repercussions of that death don’t add to the grief of those left behind. The specific nature of the legal procedures for fatal accidents and the magnitude of the recovery possible make these cases deserving of the care and expertise that experienced solicitors like  Watermans can provide. Without expert help, families who have to deal with it on their own often fall short of what they deserve.

The Legal Framework in Scotland

The Damages (Scotland) Act 2011 is the main legislation that regulates fatal accident claims in Scotland and sets out who can make a claim, how, and for which types of loss. The Act superseded previous laws and made many changes to the heads of loss that relatives could claim, such as a statutory damages award for grief and distress, for which there was no requirement to prove financial loss. The first step in any fatal accident claim is understanding the framework, which includes who is included in the classes of entitled claimants.

Who Can Bring a Claim

In Scotland, the right to claim is vested in the executor of the deceased’s estate (the person responsible for administering the estate) and in certain close relatives as described in the legislation. The spouse or civil partner of a deceased person, parents, children and siblings are all deemed to be qualifying relatives. Each type of relative may have a different head of loss, and each entitlement will vary depending on the relationship and financial and personal dependency of the family members.

Damages for Grief and Distress

The Damages (Scotland) Act 2011 added a non-patrimonial element (a fixed award for grief and distress) that can be awarded to a qualifying relative without any financial dependency or specific loss being shown. These amounts are prescribed by law and have been reviewed; a specialist solicitor will advise on the amounts applicable to each category of relative. These awards are not intended to compensate for financial damages, but are in addition to any financial damages that may be recovered.

Loss of Financial Support and Dependency

If the deceased was financially supporting family members through earnings, pension payments, or other economic support, the family members have the right to claim for the loss of that support. This considers the income the person would have earned before the accident, the share of this income that went towards the family’s income, and an estimate of how long that support would have lasted. This aspect of the claim may be the most significant in terms of financial impact for families in which the deceased was the main breadwinner.

Services and the Value of What Was Lost

Many people offer other tangible services to their families, such as childcare, household management, maintenance, gardening, and so on, which have monetary value and now must be provided by someone else or not provided at all. The loss of those services can be recovered as a separate head of loss based on the cost of obtaining the same services from the commercial provider. Families who aren’t aware of all the different elements that can be included in a fatal accident claim may underestimate this element.

The Importance of Specialist Legal Representation

Fatal accident cases are highly legal and actuarial in nature and require specialised representation, which is not only advisable but essential. Different heads of loss, the proper identification of all qualifying relatives, the proper valuation of dependency and services, and the management of the claim against insurers or defendants who have every reason to minimise their exposure all demand experience that general practice simply cannot provide. A family represented by a specialist fatal accident solicitor is one in which their full entitlement has been identified, valued, and pursued, and whose attention can be kept on the family rather than the claims process.