Seeking Advice on a Fatal Injury Claim
If you think a loved one died because of the actions or negligence of others, you may have grounds to make a fatal injury claim. Our advice is to seek advice. The grieving process can be a lot more difficult following a death that has occured unexpectedly or due to the negligence of others. Your legal advisor should be able to help by sensitively guiding you through the fatal injury claim process. Whether the death of someone close occurred as a result of a traffic accident, at work or medical negligence, your solicitor can work to assist you in seeking compensation. It's important to have expert opinion, so we always recommend talking to a solicitor who has in-depth knowledge of the claims process.
Who Can Make a Fatal Injury Claim?
If you were a dependent of someone who suffered a fatal injury, due to the action or inaction of others, you may be eligible to make a fatal injury claim. A personal representative can take a fatal injury action within 6 months of the death of the person. A personal representative may be an administrator or executor of a will. They can take an action on behalf of the dependents. If, however, after six months, no personal representative is appointed or if they do not take a case, any or all of the dependents can do so. Dependents may include spouses, partners, children, stepchildren, siblings, parents or indeed grandparents. Former partners or spouses may also be in a postion to claim. One fatal injury claim is made on behalf of all dependents.
A personal representative has six months following a death, to insitgate a claim. If they do not, dependents can then make a claim. Generally the claim must be made within two years of the death of the family member or partner, with some rare exceptions. Though it can be very difficult for a dependent to address the issue of fatal injury, it is advisable to speak to a solicitor as soon as possible, as they can advise you on the timeframe and time limits associated with your case.
Personal Injuries Assessment Board & the Courts
A fatal injury claim must be brought to the Personal Injuries Assessment Board (PIAB). Your solicitor will work to ensure that you are fully and properly represented. The PIAB will hear and assess your claim and give its decision. If you are unhappy with the outcome or feel that the compensation suggested does not adequately compensate you or the dependents of the deceased, you can then bring the matter to court. Either party can reject the PIAB assessment and go to the formal court system for a legal decision. In many cases compensation claims are negotiated by solicitors in advance. Your personal injury* solicitor will look after your best interests. In the event of your claim going to court, your solicitor will make sure that you have to do as little as possible, especially in a time of ongoing grieving for your loved one.
How is a Fatal Injury Claim Assessed?
Your personal injury* solicitor will go through the different types of damages that may be payable following a fatal injury claim. They can include funeral expenses or damages for mental helth distress. Pecuniary lossess are those that a monetary value can be placed upon, including loss of the benefit of someone's earnings. Your legal represenatives will work with you to ascertain what level of compensation dependents may be able to claim for. There is no monetary amount which can ever truly compensate for the loss of a loved one. The payment of damages serves only to lessen the financial burden following their death and to help families prepare for the future. In this regard, your personal injury* solicitor will work with actuary specialists in deciding the best level of compensation to claim for.
About PILAR Lawyers
If you have lost a loved one and feel that that responsibility lies with a third party, you may have a case to make a fatal injury* claim. At PILAR, our solicitors will advise you on whether we think you have grounds to make a claim. We will give you honest and expert opinion about all aspects of your case, using clear and jargon free language.
- We will work directly on your behalf, negotiating the legal system for you.
- We can provide expert witnesses with extensive experience of fatal injury* cases
- We work with the best medical professionals in relation to medical reports
- We work with the most experienced network of barristers available
- We are a nationwide network and work with clients throughout Ireland
You can call us on 01 2943846 to discuss your case in confidence.
You can tell us about your case by filling in our easy to use form on our homepage