Fatal Accident Compensation

Losing a close family member in a fatal accident is one of the most traumatic events that anyone can experience in their life. We understand what an incredibly challenging time this is for you. Our team is dedicated to providing you with the legal support you need to get through this difficult time and make a claim for financial compensation that helps to secure your future.

Claiming for a Fatal Accident

Fatal Injury

If your loved one has died because of another person’s negligence, we understand just how angry and upset you will be. We also realise that no amount of compensation can undo the terrible damage that has affected you and your family.

However, you may feel that making a claim for financial compensation will help you achieve a sense of justice. Many who find themselves in this position feel helpless and find it difficult to simply accept what has happened. Making a claim can help because it gives you a chance to bring legal action against the responsible party, allowing you to achieve justice on behalf of your loved one.

There is also a practical advantage to making a claim: compensation can help you recover from the immediate financial losses you’ve experienced as a result of losing your loved one. This ensures you’re not left grappling with financial strain, both now and in the future.

Can I make a claim for financial compensation for a fatal accident?

  1. Accidents at work: If inadequate safety measures or negligence in the workplace led to the fatal injury, you may have grounds for a claim.
  2. Traffic accidents: Fatal injuries caused by car accidents, motorbike accidents, cycling accidents and pedestrian accidents could be eligible for compensation.
  3. Medical negligence: Errors in diagnosis, treatment, or surgical procedures that result in a fatal injury or illness may qualify for a claim.
  4. Accidents on public or private premises: Slip and fall accidents, inadequate maintenance, or other hazards on someone else’s property leading to a fatal injury could be eligible for a claim.
  5. Industrial disease: Exposure to harmful substances or unsafe working conditions causing fatal illnesses may be grounds for compensation.
  6. Sporting injuries: In cases of negligence or unsafe conditions in sporting activities leading to fatal outcomes, you may have a claim.
  7. Act of violence: If a fatal injury occurs due to an assault or criminal act, you may be eligible for compensation.

Remember, each situation is unique, and seeking legal advice can help you understand your rights and options during this difficult time.

What you need to make a Claim

No matter the cause of your loved one’s passing, whether it be through injury or illness, if someone else or an organisation is responsible for their fatal injury, you can seek compensation for your loss. At Gibson & Associates LLP, we understand how distressing it can be to discuss the details of your situation. Please know we will treat your case with the utmost compassion, sensitivity and understanding.

If we believe the matter needs further investigation, we will pursue your claim for financial compensation for the fatal accident, supporting you every step of the way. After we have obtained all the necessary evidence, we will work hard to obtain the compensation you deserve, securing the financial support you and your family need for the future.

How do I make a claim for a fatal accident?

A claim for a fatal accident must prove that someone else was responsible for the accident, and that it led to the death of your loved one. Your solicitor will gather a range of documents on your behalf, such as medical records, photos, and other evidence, to support your claim and demonstrate that had the responsible party not been negligent, the fatal accident would not have occurred.

About Gibson & Associates LLP

Trusted for compassionate and expert legal support

Our team of fatal accident solicitors understands the profound impact a tragic loss can have on your life. If the fatal accident was caused by someone else, you may be entitled to seek financial compensation.

Submitting a claim may feel overwhelming, particularly when you are at your most vulnerable, but our compassionate team is dedicated to guiding you through the process and ensuring your claim receives the attention it deserves. By choosing Gibson & Associates LLP, you’ll benefit from the expertise and resources of a large firm combined with the personalised care of a smaller practice.

Regardless of your location in Ireland, our nationwide team stands ready to support you during this difficult time. For a confidential discussion about your circumstances, please don’t hesitate to contact us at 01 264 5555.

FAQ's for medical negligence claims

Can I make a claim for a fatal accident?

In the unfortunate event of a fatal accident, seeking compensation for the loss and suffering endured is a crucial aspect of the recovery process for the family left behind. Part 4 of the Civil Liability Act explains that the ‘personal representative’ of the deceased typically holds the right to initiate a claim on behalf of the deceased’s estate and beneficiaries.

However, in situations where no personal representative is identified within six months of the accident, dependents of the deceased (such as spouses, parents, grandparents, step-parents, children, grandchildren, stepchildren, siblings, and half-siblings) may step forward to make a claim.

Is there a time limit on making a claim?

Legal action must typically start within two years from when the person was fatally injured. This is known as the ‘date of knowledge’.

What will compensation cover?

When seeking compensation for a loved one’s fatal accident or injury, the claim may address three distinct categories of losses:

  • The mental suffering and distress the loved one’s dependents have suffered
  • A loss of financial dependency in the case where dependents were financially reliant on the person who has passed, and
  • The cost of specific expenses that were incurred as a result of the fatal accident or injury, such as medical treatment and funeral costs.

What does 'No Win, No Fee' mean?

The concept of “no win, no fee” (also known as “no foal, no fee”) is common practice among solicitors in Ireland. Under this type of agreement, the solicitor will take on your personal injury or any other type of case, and if the case isn’t won, the solicitor won’t charge you a fee. The sole purpose of “no win, no fee” is to give you the legal power to pursue a claim regardless of your financial state or legal experience.

How long will the medical negligence claim take?

As a term used in personal injury litigation, general damages refer to the amount placed on the victim’s pain and suffering, which may include psychological trauma, loss of consortium, etc. In essence, general damages relate to non-monetary losses suffered by the claimant and which are not capable of exact quantification.

The term special damages refers to monetary losses that are quantifiable, such as medical treatment expenses or income loss that has been certified. These are consequential financial losses suffered by you which are directly to the negligent treatment and harm caused.

In other words, these are ‘out-of-pocket’ expenses incurred which might also include the cost of corrective surgery or treatment, medication, rehabilitation costs, travel expenses, and so on.