Best Wrongful Death Lawyers in Aberdeen

About Wrongful Death Law in Aberdeen, United Kingdom

In Scotland, including Aberdeen, what many people call wrongful death is dealt with through fatal accident and death-related claims. These are civil claims brought by the deceased person’s relatives and by the executor of their estate when a death is caused by another party’s negligence, breach of duty, or wrongful act. Common contexts include road collisions, workplace incidents, medical negligence, defective products, and public liability accidents. Separate from any civil claim, sudden, suspicious, or work-related deaths may also be investigated by Police Scotland, the Health and Safety Executive, and the Crown Office and Procurator Fiscal Service.

Scotland has its own legal system. Claims are governed mainly by the Damages Scotland Act 2011 and the Prescription and Limitation Scotland Act 1973, with court rules and practice specific to Scottish courts. Bereavement damages in Scotland are not a fixed statutory sum as in some other parts of the UK. Instead, the court assesses a relative’s non-financial loss, often called loss of society, on a case-by-case basis.

Why You May Need a Lawyer

Fatal claims are complex, time-sensitive, and emotionally challenging. A specialist solicitor can identify all potential defendants and insurers, secure vital evidence early, and navigate Scottish court procedures and pre-action protocols. You may need legal help if there is a dispute over fault, if multiple organisations are involved, or if you must participate in a Fatal Accident Inquiry. A lawyer can value both financial dependency and loss of society, engage independent experts, and resist tactics that could undervalue the case. They can also advise on funding, including success fee agreements, legal aid eligibility, and the Scottish system of qualified one-way costs shifting that can reduce adverse cost risk in many personal injury and fatal claims.

If an insurer contacts you quickly with questions or a proposed settlement, it is prudent to seek legal advice before responding. Early steps such as preserving vehicle data, obtaining medical records, instructing forensic collision or health and safety experts, and gathering employment and benefit evidence are best coordinated by a solicitor experienced in Scottish fatal cases.

Local Laws Overview

Who can claim: Two groups can claim. First, the executor of the deceased’s estate can claim for losses the deceased suffered before death, such as pain, suffering, and lost earnings between injury and death. Second, qualifying relatives can claim under the Damages Scotland Act 2011 for financial losses known as loss of support and for non-financial loss known as loss of society. Qualifying relatives commonly include a spouse, civil partner, cohabitant, children, parents, siblings, and in some cases grandparents and grandchildren.

Heads of loss: Typical recoverable losses include funeral expenses, the value of the financial support the deceased would have provided, the value of personal services the deceased provided to relatives, the deceased’s pre-death pain and suffering and wage loss for the estate, and relatives’ loss of society for grief and loss of companionship. Awards for loss of society are assessed individually by the court with reference to Scottish case law.

Time limits: In most cases you have 3 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, the 3-year period generally starts on their 16th birthday. The court has a discretion to allow a case to proceed out of time if equitable. Time limits can be complex, so seek advice promptly.

Liability and contributory negligence: If the deceased was partly at fault, damages may be reduced to reflect contributory negligence. Employers can be vicariously liable for their employees. Road claims may involve the Motor Insurers’ Bureau if the at-fault driver was uninsured or untraced.

Investigations and Fatal Accident Inquiries: In Scotland there are no coroner’s inquests. Instead, the Procurator Fiscal investigates sudden, suspicious, or unexplained deaths. The Inquiries into Fatal Accidents and Sudden Deaths etc. Scotland Act 2016 provides for Fatal Accident Inquiries. An FAI is a public, fact-finding hearing that explores the circumstances of the death and makes recommendations to prevent future deaths. It does not decide civil liability or award compensation. FAIs are mandatory in certain situations, such as deaths in custody and most work-related deaths, and discretionary in others.

Courts and procedure: Fatal claims can be raised in the local Sheriff Court, including Aberdeen Sheriff Court, in the All-Scotland Sheriff Personal Injury Court in Edinburgh, or in the Court of Session, depending on value and complexity. Scottish pre-action protocols for personal injury and clinical negligence encourage early exchange of information and settlement. Offers to settle, known as tenders, can affect expenses. Qualified one-way costs shifting generally protects pursuers in personal injury and fatal claims from paying the defender’s costs if the case is conducted reasonably, subject to defined exceptions.

Funding and expenses: Success fee agreements are permitted in Scotland with statutory caps on the percentage a solicitor can charge from damages in personal injury claims. Legal aid may be available in some circumstances through the Scottish Legal Aid Board. Insurers must repay certain state benefits to the government through the Compensation Recovery Unit, which does not normally reduce the net compensation you receive.

Frequently Asked Questions

What is a wrongful death claim in Scotland and how is it different from the rest of the UK

Wrongful death in Scotland refers to civil claims following a death caused by negligence or a wrongful act. The terminology and framework differ from England and Wales. In Scotland, relatives can seek loss of society rather than a fixed statutory bereavement award, and claims are governed by Scottish statutes and court rules.

Who can bring a claim after a death

The executor of the deceased’s estate can claim for the deceased’s pre-death suffering and financial losses. Qualifying relatives such as a spouse, civil partner, long-term cohabitant, children, parents, and siblings can claim for financial dependency and for loss of society. Eligibility depends on statutory definitions and the facts.

What is the time limit to start a claim

Generally 3 years from the date of death or the date you became aware that negligence caused the death. For children, time usually starts at age 16. Courts have a limited discretion to allow late claims in the interests of justice, but you should seek advice as early as possible.

Do we have to wait for a criminal case or Fatal Accident Inquiry to finish

No. A civil claim can often be investigated and pursued in parallel. Evidence from criminal proceedings or an FAI may be useful, but a civil case does not have to wait unless there are specific strategic reasons to do so. An FAI will not award compensation or decide civil liability.

What compensation can relatives recover

Relatives may recover funeral expenses, the value of financial support and services the deceased would have provided, and non-financial damages for loss of society. The estate may claim for the deceased’s pain and suffering before death and any wage loss between injury and death. The court assesses amounts based on evidence and Scottish case law.

What if the deceased was partly at fault

Damages can be reduced to reflect contributory negligence, for example if the deceased failed to wear a seatbelt. A solicitor can advise on realistic assessments and how to present the strongest case on liability.

How long will the case take

Simple claims may settle within 6-12 months once liability is accepted and evidence is available. Contested or complex claims involving multiple defendants, clinical negligence, or an FAI can take longer, sometimes 12-24 months or more. Early instruction helps keep momentum and preserve evidence.

Will we have to go to court

Many cases settle through negotiation under Scottish pre-action protocols or after court proceedings are raised. If liability or value is strongly disputed, a proof hearing may be required. Your solicitor will prepare you for any step and seek to resolve the claim efficiently.

What if the at-fault driver was uninsured or untraced

Claims can be made through the Motor Insurers’ Bureau for uninsured or untraced drivers. There are additional notice and evidence requirements and strict time limits, so seek advice promptly.

How are legal fees funded

Options include success fee agreements with statutory caps, legal aid in qualifying cases, trade union support where applicable, and legal expenses insurance. Scotland’s qualified one-way costs shifting generally limits the risk of paying the defender’s costs if you act reasonably and honestly, subject to defined exceptions.

Additional Resources

Crown Office and Procurator Fiscal Service, including the Scottish Fatalities Investigation Unit, for death investigations and Fatal Accident Inquiries.

Health and Safety Executive for workplace fatal accident investigations and enforcement.

Police Scotland for reporting and investigation of road traffic and other incidents.

Scottish Courts and Tribunals Service for information on Sheriff Courts, the All-Scotland Sheriff Personal Injury Court, and the Court of Session.

Scottish Legal Aid Board for information on legal aid eligibility and applications.

Law Society of Scotland for finding solicitors accredited in personal injury and clinical negligence.

Motor Insurers’ Bureau for uninsured and untraced driver claims.

NHS Grampian Patient Advice and Support Service for concerns about care in the Aberdeen area.

Citizens Advice Scotland for practical guidance on bereavement, benefits, and consumer rights.

Cruse Scotland for bereavement support for families and children.

Next Steps

Prioritise immediate practical matters such as registering the death and arranging the funeral, and keep receipts. As soon as you feel able, speak with a Scottish solicitor experienced in fatal claims. Ask about their experience with road, workplace, and clinical cases, their approach to valuation of dependency and loss of society, and funding options. Bring available documents such as the death certificate, any post-mortem or investigation letters, police or HSE references, medical records, employment contracts and payslips, benefit details, and details of witnesses.

Avoid giving detailed statements to insurers or signing settlement documents before taking advice. Your solicitor can notify potential defendants and insurers, preserve evidence such as CCTV or vehicle data, obtain expert reports, and engage with any ongoing Procurator Fiscal investigation or FAI. Be mindful of the 3-year time limit and any shorter scheme-specific deadlines. With the right guidance, most families can resolve claims through negotiation, but if court action is necessary, your solicitor will select the appropriate Scottish court and procedure to protect your position.

This guide is for general information only and is not legal advice. For advice on your specific circumstances in Aberdeen and across Scotland, consult a qualified Scottish solicitor without delay.