A fatal accident claim arises where a person dies as a result of the wrongful act of another person. The loss of a loved one cannot be compensated adequately, however the Court may attempt to provide compensation to the dependants of the deceased, for loss suffered as a result of the death.
To bring a fatal injury claim, the person must have suffered financial loss or emotional distress as a result of the death of the deceased and be related to the deceased by way of being a spouse, civil partner, co-habitant, parent, grandparent, child, grandchild or step-child of the deceased.
The dependent can make a claim for mental distress or Solatium, for funeral and other expenses, and pecuniary loss. These losses are calculated by an actuary and full financial information is needed to accurately assess the pecuniary loss amount.
It should be noted that a fatal accident claim must be brought within two years from the date of death.