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Death Compensation Claim: How to calculate the settlement amount for an accident causing death after a number of days or weeks
Death compensation claim: UK solicitor explains what a death compensation claim is; who is entitled to claim compensation when the a loved one dies following an accident; how to calculate the amount of compensation you can claim for an accident which leads to death; solicitor examples of compensation amounts for consciousness and unconsciousness before death.. Includes free online specialist lawyer legal assistance in making a death.
What is a death compensation claim?
A death compensation claim is a claim for compensation for pain and suffering and financial losses of an individual who is killed in an accident by someone who is considered by the law to be legally at fault.
There are primarily two types of death compensation claim, which can be made following death of a person in an accident:
Death compensation claim
1. Death compensation claim when you are not killed outright, but survive for a period of time before dying.
If you survive an accident, but your injuries are such that you die a number of days or weeks thereafter (whether you are conscious or unconscious following the accident) – then you are entitled to compensation for the intense pain and suffering albeit for a short time period.
When you die, your estate can continue a claim already commenced or commence a claim on the your behalf.
For example – imagine you made a will and you were involved in an accident, survived a number of weeks and then died. The executors of your will could make a death compensation claim for the pain and suffering you experienced following the accident until death. To do this they would first need to apply for what is known as a “grant of representation” – which is in essence confirmation that they can act for your estate following your death.
If you left no will – then regretfully your estate dies with you and those entitled under the intestacy rules rules typically would not be able to claim.
2. The rights of the family to claim death accident compensation on their own behalf.
If you are killed instantly in an accident neither you or your estate would have the right to claim for pain and suffering for your death as the law considers that you did not suffer pain. Your estate is entitled to claim only funeral expenses.
But, family members do have a right to claim compensation in their own right – this is for their own pain and suffering (known as bereavement loss) for the loss of a loved one.
Under the Fatal Accidents Act certain individuals (such as a spouse, civil partner, child of the deceased, etc.) are entitled to make a death compensation claim for your death and for any dependency on your income or other financial contribution you might have made.
Click fatal accident compensation to see the page I have written explaining the amounts of compensation that can be claimed by family members.
Examples of settlement payouts for an accident leading to death
The amount of compensation you can claim for an accident which causes death depends on the: severity of your pain; how aware you are that you are about to die; how long you survive following your accident and whether you were conscious or unconscious before death.
Some examples of the average settlements for a death compensation claims in 2013, include:
1. Immediate unconsciousness before death
An accident causing you to be unconscious straight away, from which you never regain consciousness and die within a week will lead to average payouts for your death compensation claim of between: £1,000 - £2,200
2. Unconsciousness with death over 1 week or 6 weeks
If you are rendered immediately unconscious and survive more than a week or beyond 6 weeks your settlement payout will be calculated between: £2,200 - £6,600
3. Agonising pain and consciousness for a period of time before death
Your injuries are severe (such as burns); you are conscious initially for a period of hours or lapse into and out of consciousness before dying leads to an average death compensation claim payout calculator between: £8,000 - £19,000
Specialist solicitor assistance in calculating your death compensation claim
Calculating the amount of compensation you claim for surviving an accident for a short time period is a complicated matter. If you would like to speak to me in person to calculate how much your death compensation claim is worth or to commence an online claim click death compensation claim.