Fatal Injury Claim Explained
A fatal injury claim is pursued where a person dies as a result of another person’s wrongful act. Though the loss of a loved one cannot be adequately compensated for, the financial burden that dependents have to bear can be reduced or alleviated through a successful fatal injuries claim. A fatal injuries claim can only be initiated by dependents of the deceased person against the wrongdoer. To be considered a dependent, a person must prove that they suffered mental distress or financial loss due to the deceased’s death and they must be closely related to the deceased either as a child, spouse, sister, brother, step-sister, step-brother, or grandchild. Note that, only one fatal injuries claim can be initiated against the wrongdoer. Therefore, your fatal injuries solicitor Dublin will ensure that all dependent parties are included in the case.
Fatal Injuries Claim Settlement
A crucial aspect of the fatal injuries claim is the evidence gathered to prove the damage caused which is death. In most cases, the evidence is presented in form of medical records or reports from certified medical practitioners supporting the fatal injuries claim. Common types of cases that surround fatal injuries claims include; road traffic accidents, workplace accidents, Garda compensation and criminal injuries compensation tribunal cases. As per the legislation, a fatal injuries claim can be initiated under three headings;
Financial losses: if a person was relying on the deceased for financial support, they are bound to suffer financial losses and hardships in the event of a fatal injury. This may be the immediate family members, surviving spouse and children. The onus is on the fatal injuries solicitor Dublin to gather adequate evidence and prove that extent of financial loss suffered by each dependent. In most cases, fatal injuries solicitors achieve this by proving the extent of financial support the dependents would have received had the deceased lived through applying actuarial calculations.
Funeral expenses: this entails the usual burial/cremation and headstone costs. Other funeral expenses include; traveling expenses and cost of acquiring acknowledgment cards among others.
Mental distress: the monetary compensation awarded to dependents of a deceased person to cater for mental distress after a fatal injury is known as solatium. Note that the maximum mental distress compensation amount is €35,000. Future financial dependency loss is added to this figure. Solatium is awarded as an acknowledgement of grief suffered as opposed to compensation for the loss of a loved one. Solatium helps to relieve short term financial burden.
Making a Fatal Injuries Claim
Your fatal injuries solicitor Dublin has 2 years since the date of the fatal accident to initiate legal proceedings and seek a fatal injuries compensation. In the event the deceased person is found to have directly or indirectly contributed to the fatal accident leading to their death, the court will deduct a contributory negligence factor. Losses suffered by a deceased’s financial dependents is evaluated as follows;
- Loss of services provided by the deceased
- Loss of financial sup[ort since the fatal injury occurred
- Loss of future financial support before retirement
- Loss of future financial support after retirement
- Accelerated value of deductible assets after death
Note that, based on the nature of the case, the court may order the wrongdoer to pay a settlement amount that compensates for the ordeal dependents had to go through. Your fatal injuries solicitor Dublin will guide you through the claims process.