Baby Death Accident Compensation: Claim compensation for the death of an infant in a car accident
Find out in a question and answer session how to claim compensation for a baby death accident in a road traffic collision; how to claim for your own personal injury; the type of loss that can be claimed for the death of your baby – with links to an explanation of the claims process that should be followed by parents of the deceased.
- Baby Death Accident Compensation: Claim compensation for the death of an infant in a car accident
- Baby Death Accident Question
Baby Death Accident Question
My husband and I and our two children (aged 6 years and 7 months) were travelling in London when a van travelling in the opposite direction to ourselves lost control, swerved onto our side of the road and hit our car head on.
Both children were secured in the back seat – our oldest child was sitting in a child restrained seat and our baby daughter was is in an infant seat positioned in reverse as the seat must be.
The collision caused our car to be pushed into a lamppost on the near side colliding close to the rear passenger door where our baby was secured.
The police, ambulance and fire brigade attended – and we were all taken to hospital quite badly injured. Two days later – our baby daughter died from her injuries.
The driver who hit us was a young driver and had been using his mobile phone when he lost control. He was also seriously injured.
There was CCTV of the accident and the police are prosecuting the young driver for causing death by dangerous driving.
We wish to claim for our injuries and also want to know if we can claim for the death of our baby daughter in the accident?
Fatal road accident solicitor response
We shall look at the different important elements to making a claim in your own right for your own personal injuries, those of your child that survived and for the death of your baby.
How strong is your road accident claim?
Given the accident circumstances it seems clear that you would all have a claim for your respective injuries and the death of your baby daughter.
The young driver was clearly at fault for losing control whilst using a mobile phone and there seems ample evidence to prove this.
We would also suspect that the police would have sufficient evidence for the Crown (via the CPS) to prosecute the young driver for a driving offence, such as death by dangerous driving.
A successful criminal prosecution can, in and of itself, be sufficient to prove fault.
Who do you claim compensation from for your injuries and your baby’s death?
This claim for personal injury for each of your family members and your claim for the death of your infant daughter – would be made against the driver at fault and his motor insurer.
Should the young driver not have been insured – you would likely have a claim from the Motor Insurers Bureau.
Who can claim?
You, your wife and your older child (who survived) would each have a claim in your own right for your respective personal injuries. These would each be separate personal injury claims.
Watch out – we presume your oldest child was under the age of 18 years? If so then either you or your wife would likely be the litigation friend providing instructions to make the claim.
See our child accident claims guide for the procedure that should be followed and how the child’s compensation monies would be paid into the Court Funds Office until the age of 18 years.
Be aware – there would also be separate claim (mostly likely for you and your husband) for the death of your baby daughter.
What type of compensation can you claim for the death of your baby?
The main heads of loss you could be entitled to claim for the death of your baby daughter might include – a bereavement loss (for the pain and suffering for the loss of your daughter); a claim for funeral expenses and, as your daughter survived the accident before dying, there would be an additional claim made on behalf of her estate for pain and suffering prior to death.
A dependency loss is unlikely, but all types of compensation would be considered by your solicitor.
See our fatal accident claims guide to see our articles setting out how to claim for a fatal accident, who is entitled to claim and to access our fatal injury compensation calculator and who is entitled to claim.
Watch out – the claim made for your own personal injury is different than that for the death of your baby in an accident. In your own claim for your own personal injury – you are entitled to compensation for pain and suffering plus compensation for financial loss and expense.
Online specialist solicitor free legal help
See our solicitor online and telephone free help options. You can ask a question, have your claim assesses or discuss direct your potential compensation claim for the death of your baby daughter.