Best Wrongful Death Lawyers in Stonehaven

About Wrongful Death Law in Stonehaven, United Kingdom

In Scotland, including Stonehaven and the wider Aberdeenshire area, what many people call wrongful death is usually referred to as a fatal accident or fatal claim. These are civil claims brought by the deceased person’s relatives and by the deceased’s estate when a death is caused by another party’s negligence, breach of duty, or wrongful act. Typical contexts include road traffic collisions, workplace incidents, medical negligence, defective products, and public place accidents.

Fatal claims in Scotland are governed mainly by Scottish law and procedure. Relatives can seek compensation for grief and loss of society, financial loss due to the death, funeral expenses, and the value of services the deceased would have provided. The deceased’s estate can also claim for certain losses that arose between injury and death, such as pain and suffering and lost earnings in that period.

This guide provides a plain English overview for people in Stonehaven who need initial information. It is not legal advice. A solicitor qualified in Scots law can advise on your specific situation.

Why You May Need a Lawyer

Fatal cases are complex. You may need a lawyer to investigate liability, preserve evidence, and deal with insurers or public bodies. A specialist can identify all defendants who may share responsibility, for example an employer, a vehicle driver and their insurer, a contractor, or a public authority with maintenance duties.

Calculating damages is technical. Assessing loss of financial support, pension loss, loss of services, and relatives’ non-financial awards requires careful analysis of earnings, benefits, life expectancy, dependency, and the Scottish personal injury discount rate. A lawyer can build a robust valuation using accepted Scottish methods and expert evidence.

There are strict time limits. In most cases you have three years to raise court proceedings. A solicitor can monitor deadlines, use pre-action protocols to try to settle, and raise proceedings in time if needed.

Public investigations can run alongside a civil claim. In Scotland, the Procurator Fiscal may investigate sudden or unexplained deaths and a Fatal Accident Inquiry may be ordered. A lawyer can guide you through these processes and coordinate evidence without delaying your civil claim.

Funding and costs rules can be navigated for you. Scottish qualified one-way costs shifting can protect pursuers from paying the defender’s expenses if the case is lost, subject to exceptions. A solicitor can advise on success fee agreements, legal aid, or other funding options.

Local Laws Overview

Key Scottish rules and institutions relevant to fatal claims include:

Damages rules for relatives and the estate - In Scotland, eligible relatives can claim for grief and loss of society as well as financial losses flowing from the death. The estate can claim for losses suffered by the deceased between injury and death, including pain and suffering and lost earnings in that period.

Limitation - The general time limit to raise a court action is three years from the date of death or from the date of reasonable knowledge that negligence caused the death, whichever is later. For a child pursuer, time generally starts at age 16. The court has a discretionary power to allow late cases if equitable, but you should not rely on this.

Contributory negligence - If the deceased was partly at fault, damages can be reduced to reflect shared responsibility.

Investigations - The Procurator Fiscal investigates sudden, suspicious, or work-related deaths. A Fatal Accident Inquiry is a public, fact-finding court process that makes determinations to prevent future deaths. It does not award compensation but its findings can assist a civil case.

Courts and forums - Claims can proceed in the local Sheriff Court, including Stonehaven Sheriff Court, or in the All-Scotland Sheriff Personal Injury Court in Edinburgh for specialist handling. Higher value or complex cases may be raised in the Court of Session in Edinburgh. The Courts Reform framework sets thresholds for where cases can be raised.

Costs and funding - Civil Litigation reforms introduced qualified one-way costs shifting for personal injury and fatal claims in Scotland. Success fee agreements are permitted, and civil legal aid may be available subject to eligibility.

Sector-specific frameworks - Workplace deaths engage health and safety duties under the Health and Safety at Work etc. Act 1974. Road deaths involve compulsory motor insurance and schemes for uninsured or untraced drivers via the Motor Insurers’ Bureau. Where the death results from violent crime, relatives may have recourse to the Criminal Injuries Compensation Authority.

Frequently Asked Questions

Who can bring a wrongful death claim in Scotland?

Eligible relatives, such as a spouse, civil partner, cohabitant, parents, children, and other close family members, can claim for their losses caused by the death. The deceased’s executor or administrator can bring claims on behalf of the estate for losses that arose before death. A solicitor can confirm eligibility based on Scottish statutes and the family’s circumstances.

What can be claimed after a fatal accident?

Compensation can include funeral and reasonable memorial expenses, loss of financial support and benefits the family has lost, the value of household and family services the deceased would have provided, and an award to relatives for grief and loss of society. The estate can claim for pain and suffering the deceased experienced between injury and death, care costs, and lost earnings in that period.

What is the time limit to start a claim?

Generally three years from the date of death or the date you reasonably became aware negligence caused the death, whichever is later. For child pursuers, time usually runs from age 16. Courts can allow late claims in limited circumstances, so seek advice as early as possible.

Does a Fatal Accident Inquiry affect compensation?

An Inquiry is separate and does not award compensation. It investigates what happened and how to avoid a recurrence. Its evidence and determinations may be useful in a civil claim, but you do not need to wait for an Inquiry to begin civil proceedings unless advised to do so for strategic reasons.

How are damages calculated?

Lawyers assess net financial support the deceased would likely have provided, apply appropriate multipliers with reference to actuarial tables and the Scottish discount rate, and include pension loss, services, and other losses. Relatives’ awards for grief and loss of society are assessed individually by the court based on Scottish case law rather than a fixed tariff.

What if the deceased was partly at fault?

Compensation can still be recovered, but it may be reduced to reflect the deceased’s share of responsibility. Insurers often argue contributory negligence, so legal representation is helpful to challenge or limit any reduction.

Can we claim if the driver was uninsured or untraced?

Yes. The Motor Insurers’ Bureau operates schemes covering uninsured and untraced drivers. Strict notification and evidence rules apply, so contact a solicitor promptly.

Do I need a Stonehaven based solicitor?

It can be helpful to use a Scottish solicitor experienced in fatal claims and familiar with local courts, police, and medical providers. They do not need to be physically in Stonehaven, but local knowledge can help with evidence gathering and in-person hearings.

How are legal fees funded?

Options include success fee agreements, legal expenses insurance, and civil legal aid if eligible. Scottish qualified one-way costs shifting can protect pursuers from paying the defender’s expenses if the case is lost, subject to exceptions such as fraud or abuse of process. Your solicitor will outline the risks and funding choices at the start.

How long will a wrongful death case take?

Simple claims can settle in months if liability is admitted and losses are clear. Contested or high value cases, or those involving public investigations, can take 12 to 24 months or more. Early instruction helps secure evidence and keep momentum.

Additional Resources

Police Scotland - First response and investigation of road and other incidents leading to fatalities. They provide collision reports and witness details that can be vital evidence.

Crown Office and Procurator Fiscal Service - Investigates sudden, suspicious, and work-related deaths. May decide to hold a Fatal Accident Inquiry in the public interest.

Scottish Courts and Tribunals Service - Information about the Sheriff Courts, the All-Scotland Sheriff Personal Injury Court, and the Court of Session, including procedural guidance.

Health and Safety Executive - Regulates workplace safety and investigates serious and fatal incidents at work. Its reports often inform liability decisions.

Motor Insurers’ Bureau - Provides compensation routes for victims of uninsured and untraced drivers in the UK, including fatal claims.

Criminal Injuries Compensation Authority - May compensate dependants and relatives where death results from a violent crime, subject to eligibility rules and time limits.

Scottish Legal Aid Board - Administers civil legal aid for eligible clients in Scotland, including fatal accident claims.

Citizens Advice Scotland - Offers free, confidential guidance on practical, financial, and legal next steps after a death.

Cruse Scotland - Bereavement support for families and individuals coping with loss, which can be a helpful complement to the legal process.

NHS Grampian and Patient Advice services - For concerns about medical treatment in the region and how to obtain records relevant to a potential clinical negligence fatal claim.

Next Steps

Prioritise immediate practical needs, including registering the death and arranging the funeral. Keep all invoices and receipts, as reasonable funeral and related expenses can often be claimed.

Gather key information. Secure the death certificate, post mortem report if available, police reference numbers, witness details, photographs, employment and income records, pension details, and any insurance policies. Start a diary of events, contacts, and expenses.

Speak to a Scottish solicitor experienced in fatal accident claims as soon as you can. Ask about liability prospects, evidence preservation, time limits, funding options, and the likely process in the Sheriff Court or the All-Scotland Sheriff Personal Injury Court.

Do not delay because of ongoing investigations. Your lawyer can liaise with the Procurator Fiscal, police, HSE, insurers, and medical providers, and can run the civil claim in parallel where appropriate.

Avoid direct negotiations with insurers without advice. Early settlement offers may not reflect the full value of financial support, services, pension loss, and relatives’ non-financial awards under Scottish law.

If you decide to proceed, your solicitor will follow the relevant Scottish pre-action protocol, instruct experts where needed, value the claim, seek interim payments if appropriate, and raise proceedings within the limitation period to protect your position.