Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In the law of England and Wales, what many people call a wrongful death claim is usually pursued under the Fatal Accidents Act 1976 and related legislation. Pontypridd sits within the jurisdiction of England and Wales, so the same rules apply here as elsewhere in England and Wales. There are two main types of legal claim after a death caused by someone else - a claim by the deceased person's personal representatives for any losses the deceased suffered before death and for funeral and estate-related losses, and a claim by dependants under the Fatal Accidents Act for financial losses and a statutory bereavement award.
Civil claims for wrongful death are separate from any criminal proceedings. Civil claims use the civil standard of proof - the balance of probabilities - which is lower than the criminal standard. The coroner's inquest and police investigations may run alongside a civil case and can produce evidence that is useful to a civil claim.
Wrongful death claims are legally and emotionally complex. A solicitor experienced in fatal accident and family loss claims can help in many common situations, including:
- Where a death followed a road traffic collision, workplace accident, medical error, or an incident in public or private premises where negligence or breach of statutory duty may have played a part.
- When dependants need to quantify and prove financial losses such as loss of earnings, pension effects, costs of care and services that the deceased provided, or future loss to children or elderly partners.
- If there is a coroners' inquest or ongoing criminal investigation and you need legal representation to protect your interests or to obtain disclosure of evidence.
- When negotiating with insurers or at-fault parties, or when establishing liability is likely to be contested.
- If you need advice on funding options - for example conditional fee arrangements - and on how to manage legal costs.
The law governing fatal accident and wrongful death claims in Pontypridd is the law of England and Wales. Key practical points for claimants in Pontypridd include:
- Two types of action - the deceased person's estate can bring a claim for losses suffered before death and for funeral and estate expenses; dependants can bring a claim under the Fatal Accidents Act for loss of financial support and other dependency losses.
- Bereavement award - the Fatal Accidents Act provides a statutory bereavement award payable to certain close relatives. This is a fixed amount set by law and is subject to change, so seek current figures from a solicitor.
- Time limits - strict limitation periods normally apply. In most cases you will have three years from the date of death, or from the date you reasonably knew that the death was caused by someone else, to start a claim. Different rules apply for children and people who lack mental capacity, and special provisions exist where the deceased would have made a claim had they lived.
- Evidence and inquests - coroners' inquests and police investigations are important sources of evidence. An inquest is fact-finding rather than adversarial, and it does not determine civil liability, but its findings may assist a civil claim. Coroners can issue a report to prevent future deaths when appropriate.
- Funding - legal aid is generally not available for most civil compensation claims. Claimants commonly use conditional fee agreements - often called no win no fee - or damages-based agreements. The claimant can also have legal expenses insured or check for a solicitor who offers an initial free consultation.
- Courts and procedures - most claims begin with pre-action correspondence and may be issued in the county court or the High Court depending on the value and complexity. Local courts serving Pontypridd are part of the England and Wales court system.
Two groups can bring claims. The personal representatives of the deceased can bring a claim for losses suffered by the deceased before death and for funeral expenses. Dependants - such as spouses, civil partners, children and sometimes other close relatives who were financially dependent - can bring a claim under the Fatal Accidents Act for loss of dependency and a bereavement award.
Time limits can be strict. In most cases you will have three years from the date of death, or from the date you knew the death was caused by another party, to start a claim. There are special rules for minors and people lacking capacity, so seek legal advice promptly to preserve your rights.
A criminal conviction is separate and is not required to succeed in a civil claim. However, a criminal finding can make establishing liability in a civil case easier because it is strong evidence. Civil claims use the balance of probabilities test, which is a lower standard than the criminal test.
Common heads of loss include loss of financial support, loss of services the deceased provided, funeral expenses, the deceased's pain and suffering before death where applicable, and a statutory bereavement award for certain close relatives. Claims may also seek compensation for losses to children, loss of pension benefits, and the cost of care or practical assistance the deceased used to provide.
The bereavement award is a fixed statutory payment payable to certain close relatives such as a spouse, civil partner, or in some cases parents of a deceased minor. The eligibility rules are specific and the amount can be updated by law, so confirm current entitlement with a solicitor.
If the responsible party cannot be identified or is uninsured, there are limited routes to compensation. Public funds or compensation through specific statutory schemes may sometimes be available in narrow circumstances. A solicitor can advise on whether any alternative sources of compensation exist in your case.
An inquest investigates how, when and where someone died and may identify contributing factors. It does not assign civil blame, but the evidence and findings can be important for a wrongful death claim. In some cases a coroner may make a report that aims to prevent similar deaths in the future.
Yes. Children who were financially dependent on the deceased can be included as dependants in a Fatal Accidents Act claim. If the child is a minor, a litigation friend or guardian will bring the claim on their behalf. The court will protect the interests of minors in any settlement.
Many solicitors offer conditional fee agreements - commonly known as no win no fee - or damages-based agreements where the solicitor takes a percentage of any damages awarded. Legal expenses insurance or trade union benefits may help. Legal aid is generally not available for this type of civil claim. Always get clear written information about likely costs and what you would owe if the claim is unsuccessful.
Timescales vary widely depending on complexity, liability issues, whether there are concurrent criminal or inquest proceedings, and how quickly evidence is obtained. Some cases settle within months, while others can take several years. Early legal advice helps to set realistic expectations and to progress evidence gathering while investigations are ongoing.
When pursuing a wrongful death claim in Pontypridd, these local and national bodies and organisations can be helpful to contact for information and support:
- Your local coroner's office for information about inquests and procedures.
- Citizens Advice for free general guidance on legal rights and procedures.
- Cruse Bereavement Care and other bereavement charities for emotional support and practical advice after a bereavement.
- Victim Support for assistance if the death is linked to criminal activity.
- The Law Society and Solicitors Regulation Authority for guidance on finding and checking regulated solicitors who handle fatal accident and dependency claims.
- HM Courts and Tribunals Service for procedural information about bringing civil claims in the courts of England and Wales.
If you think you need legal assistance after a death that may have been caused by someone else, consider these practical next steps:
- Seek immediate practical and emotional support - notify family members, consider bereavement counselling, and if appropriate report the incident to the police or relevant authority.
- Preserve documents and evidence - keep medical records, accident reports, photographs, receipts for expenses, payslips and any correspondence. Note names and contact details of witnesses.
- Contact a solicitor experienced in fatal accident and dependency claims for an early consultation. Ask about time limits, the evidence they will need, likely heads of loss in your case, and funding options such as no win no fee arrangements.
- If there is a coroner's inquest or criminal investigation, tell your solicitor so they can coordinate representation and evidence gathering.
- Keep a record of all financial losses and practical changes following the death - this will help quantify a claim for dependency or other losses.
Getting informed legal advice early will help protect your position, preserve evidence and give you a clearer picture of what compensation you may be able to recover and how best to proceed in Pontypridd and the wider England and Wales legal system.
