Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Wrongful death law in Solihull, United Kingdom and elsewhere across the country, refers to legal procedures that deal with situations where a person has been killed due to another person’s negligence or intentional harm. This area of law enables the deceased's family or representative of the estate to file a lawsuit against the party legally liable for the death. It is considered a civil lawsuit and comes in addition to any criminal charges that might be invoked.
If you’ve lost a loved one due to the actions or negligence of another, you may need a lawyer to guide you through the complex legal process of filing a wrongful death case. A professional lawyer is versed in understanding the often complicated legal aspects involved, determining the actual damages, identifying the liable party or parties correctly, and ensuring you get fair representation in court. They'll serve to negotiate on your behalf and enhance the chances of getting rewarded fairly where there are insurance companies involved.
Wrongful death law in Solihull, as across the UK, falls under the purview of the Fatal Accidents Act 1976. The Act stipulates that a claim can be made if the death is caused by a wrongful act, neglect, or default which is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages. The claim can be filed by the deceased's spouse, civil partner, parent (if the deceased was a minor), or a child of the deceased.
Under the Fatal Accidents Act 1976, the deceased's spouse, civil partner, parent (if the deceased was a minor), or a child can file a wrongful death lawsuit.
Typical claims include loss of income or services, funeral and burial expenses, medical expenses relating to the deceased's injury or illness, and for things like pain, suffering, or loss of companionship.
As per Limitation Act 1980, a lawsuit must be filed within three years from the date of death or date of knowledge of the death.
The plaintiff must generally show the defendant's breach of a duty of care caused the death and resulted in the damages being claimed.
While it's not a requirement, having a lawyer can prove valuable given the complexity of such cases and the experience required in assessing damages and negotiating settlements.
The Citizens Advice Bureau provides free, confidential advice and can help navigate the initial stages of a wrongful death claim. You might also consider reaching out to organizations specializing in grief counseling, like Cruse Bereavement Care.
If you believe you have a wrongful death claim, it's generally recommended to consult with a legal expert in the field. They'll guide you on how to proceed with the case, help gather the necessary information and evidence, and represent your best interests throughout the process. Remember to act promptly due to the three-year limitation period in place for wrongful death claims.
