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A wrongful death claim pertains to when a person dies due to the negligence or wrongful act of another individual or entity. In Edinburgh, as well as the rest of the UK, a wrongful death claim can be undertaken by the deceased's close family or dependents. The aim of such a claim, which is pursued in the civil courts, is to secure a financial compensation to the survivors and dependants for their loss.
Wrongful death claims involve complex legal issues, such as proving negligence or a wrongful act. Moreover, calculating the appropriate compensation considering various factors like the financial loss and emotional suffering can be complicated. The process can be emotionally demanding for the bereaved family. Therefore, having a lawyer ensures professional handling of the claim, helping you secure justice and focus on grieving and recovery.
In Edinburgh, the law provides a statute of limitation of three years from the date of death or from the date of knowledge of the negligence for making a wrongful death claim. The claim is made under the Damages (Scotland) Act 2011. Compensation can include Bereavement Damages, financial support, funeral expenses, and compensation for pain and suffering. Note that Bereavement damages in Scotland is significantly different from the rest of the UK, as it not only considers the financial loss but also the loss of society and guidance.
Immediate family members such as the spouse, children or parents of the deceased, or any individual who was financially dependent on them can make a wrongful death claim.
The law provides a time limit of three years from the date of death or from the date when you became aware of the negligence to make a claim.
Compensation can include Bereavement Damages, financial support, funeral expenses, and compensation for pain and suffering.
The amount of compensation is determined based on various factors including the nature of negligence, the financial loss incurred due to the untimely death, and the emotional suffering caused.
Yes, it is advisable. The legal process involves many complexities which can be carefully handled by an experienced wrongful death lawyer.
In the UK, there are numerous resources available for those dealing with wrongful death. These include charities such as Cruse Bereavement Support and the Compassionate Friends that provide emotional support. For legal issues, Citizens Advice Edinburgh and Scottish Legal Aid Board provide free legal advice, but it's always wise to seek advice from legal professionals specializing in wrongful death claims.
If you think you have a wrongful death claim, contact a lawyer specialising in wrongful death claims. The first meeting is usually free, where the lawyer can advise you on the merits of your case, potential compensation, and the overall legal process. Make sure to gather all relevant documents, such as medical reports and financial records, which can provide crucial evidence for your claim. It's important to start this process as soon as possible due to the three-year statute of limitations.
