What is a fatal injury claim?

When a person dies due to the negligence of a doctor or healthcare professional, the surviving members of the victim’s family may wish to investigate whether the death could have been avoided and, if so, bring a claim for their fatal injury.

Common areas of fatal injury

Fatal injury in medical negligence claims can arise for many different reasons including:

• Delay in diagnosis or misdiagnosis
• Surgical errors
• Mistakes in medical treatment
• Prescribing errors and overdoses

What can I claim for the loss of a loved one?

Fatal injury claims can only be brought by the closest members of a bereaved family on behalf of their loved one and usually this means a spouse, a civil partner, parent or child. A claim can also be brought by the Executor/Administrator of the deceased’s estate.

Under The Law Reform (Miscellaneous Provisions) Act 1934 a claim can be brought on behalf of the estate to recover funeral costs, pre death loss such as loss of earnings and care and assistance. In addition to a claim can be brought for the Deceased’s pain and suffering prior to death.

Under The Fatal Accidents Act 1976 dependents of the deceased can bring a claim for statutory bereavement damages, this is a fixed sum that can only be claimed by a spouse, civil partner or by children of the deceased who were under age 18 at the date of death or by the parent of a child who dies under the age of 18. A dependent who was reliant on the deceased can also bring a dependency claim for loss of financial dependency, such as the loss of income of the person who has died and loss of dependency on the service they provided (for example, parental care, other care and assistance, domestic tasks like decorating or gardening).

How long do I have to bring a fatal injury claim?

A claim for fatal injury must brought within 3 years of the date of death.

If you have concerns about the death of a loved one, please contact us now to arrange a free initial discussion.