Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
A wrongful death, as defined in the United Kingdom law, occurs when an individual perishes due to the negligence, recklessness, or misconduct of another person or entity. This can arise in various contexts such as automobile accidents, medical malpractice, workplace accidents, and sometimes in criminal behavior. In Milton Keynes, as is the case throughout the United Kingdom, surviving family members can lodge a claim for wrongful death to receive compensation for their losses, both emotional and financial.
Legally navigating the aftermath of a loved one's death can be challenging and taxing, especially while handling grief. A specialised lawyer can provide the legal support to guide you through the process, negotiate with insurance companies and ensure that your rights are thoroughly defended. They can also substantially increase the chances of securing a just compensation for your loss.
The local laws surrounding wrongful death cases in Milton Keynes follow the standard set out in U.K law. One important law to note is the Fatal Accidents Act 1976, which allows dependents of the deceased to claim damages. Another important law is the Law Reform (Miscellaneous Provisions) Act 1934, which enables the estate of the deceased to claim damages for losses incurred between the negligent act and the time of death.
In the United Kingdom, only certain people are eligible to file a wrongful death suit, known as 'dependents'. This includes the spouse or civil partner, parents, children, and certain other categories laid down by law.
The types of damages that can be claimed include the pain and suffering of the deceased prior to death, loss of earnings, funeral expenses, and loss of expected future financial support.
In general, you have three years from the date of death to bring a wrongful death claim. However, there are certain exceptions to this rule, so it's important to seek legal counsel as soon as possible.
Negligence is proven by establishing that the defendant owed a duty of care to the deceased, that they breached this duty, and that this breach directly led to the death.
Not all wrongful death cases end up in court. Many are resolved through out-of-court settlements. However, if a fair agreement cannot be reached, it may be necessary to go to court to ensure fair compensation.
The Citizens Advice Bureau and Milton Keynes Council can provide some initial advice and resources. Additionally, the Law Centres Network has centres across England and Scotland, including an office in Milton Keynes, offering free legal advice and representation.
If you believe you have a valid wrongful death claim, the first step is to consult a solicitor specialising in wrongful death cases. They can provide a detailed overview of the specific steps you should take, which often includes an initial investigation, collection of evidence, filing of a lawsuit, and either settlement discussions or preparation for trial.
