Best Wrongful Death Lawyers in Aberdeen

About Wrongful Death Law in Aberdeen, United Kingdom

In Scotland, including Aberdeen, wrongful death is usually referred to as a fatal accident or fatal claim. It is a civil claim in delict, Scotland's equivalent of negligence law. If a person dies because another individual, company, or public body failed in a legal duty of care, close relatives can seek compensation. Claims are principally governed by the Damages Scotland Act 2011, which sets out who can claim and what losses can be recovered. Fatal Accident Inquiry procedures are governed separately and are conducted in the Sheriff Court to investigate the circumstances of certain deaths in the public interest.

Wrongful death claims aim to provide financial and practical redress for the family, and to recognise the emotional loss suffered. They can arise from road traffic collisions, workplace accidents, medical negligence, public liability incidents, or criminal acts. A civil claim runs independently of any criminal investigation or prosecution.

Why You May Need a Lawyer

Fatal claims involve complex legal, factual, and procedural issues. A solicitor experienced in Scottish fatal claims can identify the correct defenders, gather and preserve evidence, apply the correct legal tests, and value the claim accurately. Early legal guidance helps protect time limits and prevents common pitfalls.

You may benefit from legal help if you face any of the following situations in Aberdeen or the surrounding area. A road traffic collision involving an insured, uninsured, or untraced driver. A death following treatment within NHS Grampian or a private clinic where standards of care are questioned. A workplace accident in construction, energy, maritime, or agriculture where health and safety duties may have been breached. A death in custody or in circumstances likely to trigger a Fatal Accident Inquiry. A violent crime leading to death, where the Criminal Injuries Compensation Authority may be relevant. A complex dependency situation involving self-employed income, family businesses, or cross-border financial support.

Specialist lawyers understand how to coordinate with the Procurator Fiscal, Police Scotland, and the Health and Safety Executive, protect your position during any Fatal Accident Inquiry, and negotiate with insurers using Scotland-specific pre-action protocols. They can also advise on legal aid eligibility and alternative funding options.

Local Laws Overview

Key Scottish laws and procedures relevant to wrongful death in Aberdeen include the Damages Scotland Act 2011, which sets out who qualifies as a relative and what losses can be claimed, including loss of financial support, loss of society, funeral expenses, and the value of services the deceased provided to the family. The Prescription and Limitation Scotland Act 1973 generally gives three years to raise a court action from the date of death or the date you became aware that negligence caused the death, with the court retaining a discretion to allow late claims in limited circumstances. The Inquiries into Fatal Accidents and Sudden Deaths etc. Scotland Act 2016 provides for Fatal Accident Inquiries before a sheriff. FAIs are mandatory for deaths at work and in custody, and discretionary where it is in the public interest. An FAI is fact-finding and does not decide civil liability. The Law Reform Contributory Negligence Act 1945 can reduce damages if the deceased was partly at fault. Other statutes often engaged include the Occupiers Liability Scotland Act 1960, Health and Safety at Work etc. Act 1974, Road Traffic Act 1988, and the Corporate Manslaughter and Corporate Homicide Act 2007 for criminal responsibility by organisations.

Scotland has its own civil courts and procedures. A fatal claim can be raised in Aberdeen Sheriff Court or, depending on value and complexity, in the All-Scotland Sheriff Personal Injury Court or the Court of Session. Pre-action protocols in Scotland encourage early exchange of information and settlement in most personal injury claims. There is a distinct approach to non-economic loss in Scotland. There is no fixed bereavement award as in England and Wales. Instead, courts assess loss of society individually based on the relationship and evidence.

Alongside a civil claim, families should be aware of support and benefits. Bereavement Support Payment is administered by the UK Government. Funeral Support Payment is administered by Social Security Scotland for eligible low-income families. In motor cases involving uninsured or untraced drivers, the Motor Insurers Bureau may meet the claim.

Frequently Asked Questions

What counts as a wrongful death in Scotland?

A wrongful death, often called a fatal accident, occurs when a person dies because another party owed a duty of care and breached it, causing the death. Examples include negligent driving, failures in clinical care, unsafe work systems, and dangerous premises. The legal test is fault on the balance of probabilities.

Who can bring a fatal claim?

Under the Damages Scotland Act 2011, eligible relatives can claim. This includes spouses and civil partners, cohabitants who lived as partners with the deceased for a qualifying period immediately before death, parents, children including adopted and accepted children, siblings, and some grandparents and grandchildren. The executor of the deceased's estate can also bring claims that belonged to the deceased before death, such as pain and suffering between injury and death and certain financial losses.

What compensation can be recovered?

Compensation may include reasonable funeral expenses, loss of financial support the deceased would have provided, the value of services the deceased provided to the household such as childcare and household tasks, and non-economic loss called loss of society for grief and loss of the deceased's companionship. The estate can also recover the deceased's pre-death pain and suffering and certain financial losses that arose between injury and death.

What are the time limits?

In most cases you have three years from the date of death or the date you became aware, or reasonably should have become aware, that negligence caused the death. For children, time does not run until age 16 for their individual claims. The court has a discretion to allow a late claim in limited circumstances, but you should take advice as early as possible to avoid risk.

What is a Fatal Accident Inquiry and will there be one?

An FAI is a public court inquiry conducted by a sheriff to investigate certain deaths and identify reasonable precautions to prevent similar fatalities. It does not decide civil fault or award compensation. FAIs are mandatory for deaths at work and in custody, and discretionary in other cases where it is in the public interest. There is no coroner system in Scotland. If an FAI is held, your solicitor can help you participate effectively while also progressing any civil claim.

How do criminal proceedings affect a civil claim?

Criminal and civil processes are separate. A criminal case is brought by the Crown Office and Procurator Fiscal Service and uses the beyond reasonable doubt standard. A civil claim uses the balance of probabilities standard. A criminal conviction can assist a civil claim, but you do not need a conviction to succeed in a civil action. Timetables may be coordinated to avoid prejudicing either process.

What if the deceased was partly at fault?

Damages can be reduced to reflect contributory negligence. The court assesses a fair percentage reduction based on the deceased's share of responsibility. This does not bar a claim outright unless the deceased was wholly responsible.

How are claims against NHS Grampian handled?

Clinical negligence fatal claims involve showing that care fell below the standard of a reasonably competent practitioner and that this caused the death. Your solicitor will obtain medical records, instruct independent experts, and follow the Scottish pre-action process for clinical negligence. Complaints can also be made through NHS Grampian's complaints procedure and, where appropriate, to the Scottish Public Services Ombudsman, but a compensation claim is a separate legal process.

Will my case go to court and how long will it take?

Many fatal claims settle after investigations and expert input through pre-action negotiation with insurers. If settlement is not achievable, proceedings can be raised in the Sheriff Court, the All-Scotland Sheriff Personal Injury Court, or the Court of Session depending on value and complexity. Timelines vary with evidence, expert availability, and any FAI or criminal case. A realistic range is several months for straightforward settlements to more than a year for complex litigated cases.

What evidence should I gather?

Helpful evidence includes the death certificate, any post mortem or medical records, accident or incident reports, police reference numbers, names and contact details of witnesses, photographs or CCTV, employment and income records, proof of household services the deceased provided, and receipts for funeral expenses. Your solicitor can secure and preserve additional evidence such as expert reports and disclosure from defenders.

Additional Resources

Law Society of Scotland - find and verify solicitors who handle fatal accident claims.

Scottish Legal Aid Board - information on eligibility for civil legal aid and help with funding.

Crown Office and Procurator Fiscal Service - leads criminal investigations and Fatal Accident Inquiries in Scotland.

Police Scotland - North East Division covers Aberdeen and can provide incident references and updates.

Health and Safety Executive - investigates work-related fatalities and safety breaches.

NHS Grampian - complaints and patient relations for healthcare in Aberdeen and surrounding areas.

Scottish Public Services Ombudsman - reviews unresolved complaints about public services including the NHS.

Social Security Scotland - Funeral Support Payment and other devolved benefits for eligible families.

Department for Work and Pensions - Bereavement Support Payment and reserved benefits.

Motor Insurers Bureau - compensates victims of uninsured and untraced drivers in UK road traffic incidents.

Victim Support Scotland and bereavement charities such as Cruse Scotland - practical and emotional support for families.

Next Steps

Record key dates, preserve documents, and keep a simple file of correspondence, expenses, and contacts. Time limits can be strict, so take early advice even if official investigations are ongoing. Choose a Scottish solicitor with demonstrable experience in fatal accident claims and local knowledge of Aberdeen courts and agencies. Ask about funding options including legal aid, legal expenses insurance, and no win no fee style agreements, and request clear costs information in writing.

Your solicitor will assess the facts, identify all potential defenders and insurers, and advise on the best forum and procedure. They will send a detailed letter of claim, gather evidence and expert opinions, and value the claim across all heads of loss. Where an FAI or criminal case is in play, your solicitor will help you engage appropriately while protecting your civil claim. If negotiations do not produce a fair settlement, they will raise proceedings within the limitation period and represent you through to resolution.

This guide is general information and not legal advice. Every case is unique. If you believe a wrongful death has occurred in Aberdeen, seek tailored advice from a qualified solicitor as soon as possible.