Can I make a Claim if the Claimant has died, or dies throughout the claims Process?
Our experts have extensive experience in supporting bereaved families through the claims process when a patient dies because of clinical negligence. We can support families through inquests, if required.
The property and affairs of a deceased person are known as their ‘Estate’.
Claims can be brought on behalf of the Estate of a loved one who has already died. Claims can also be continued on behalf of the Estate if a Claimant passes throughout the claim process.
Claims on behalf of the Estate of a loved one, or an associated claim for family loss (financial or otherwise) must be brought within three years of the death, or knowledge that death was caused by negligence.
Estate Claims
Claims must be brought by an appropriate Personal Representative that has the legal right to manage the Estate. If your loved one leaves a Will, this is usually the named Executor. If your loved one did not leave a Will, this will be the next of kin. Usually this is a spouse, or child. Appropriate checks will need to be made to ensure that the correct next of kin is identified.
Often legal papers are administered at the probate registry, including a Grant of Probate, or Letter of Administration, which confirms the Personal Representative or next of kin legal entitled to manage the Estate.
Claims on behalf of the Estate still require that the same legal test prove clinical negligence is satisfied. This usually involves expert medical evidence to prove that negligent fault has occurred and, importantly, that has caused or made a material contribution to your loved one’s death.
Claims brought on behalf of the Estate will include claims for General Damages for pain, suffering and loss of amenity that your loved one would have been entitled to before their death.
Estate claims will be paid to beneficiaries under the terms of the Will, or to the next of kin under the intestacy rules.
Fatal Accident Claims
If liability is established, certain categories of family members/ dependants can make an associated but independent claim for losses suffered because of the loss of their loved one.
A qualifying person under the FATAL Accidents Act 1976 includes:
- Spouses, civil partners (who have lived together for two years)
- Children
- Parents
- Siblings
- Dependants
A qualifying person may claim for loss of financial dependency for the period that your loved one would have survived ‘but for’ their early passing away due to the negligence.
Similarly, claims can be made for loss of services dependency, including care, and assistance provided by your loved one.
Claims can be made for funeral expenses, or other expenses incurred as result of your loved one’s death.
Bereavement Award
Certain family members can claim a fixed statutory (set by law) bereavement award, if it can be shown that the deceased died due to the negligence. This is limited to:
- Spouse/civil partner
- Parents of a legitimate minor child (under 18),
- Mother of an illegitimate minor child
The current statutory bereavement award is £15,120.
Each qualifying person/Claimant will be paid damages pursuant to their own Fatal Accidents claim.
Making A Claim
At Coles Miller we understand this is an extremely traumatic time of your life. We treat all our clients sympathetically and sensitively, making sure that all your questions are answered so you can focus on recovery.
.png)
.png)
.png?width=250&name=Lauren%20Newman%20(1).png)
