Fatal Accident Coroner Inquest

Fatal Accident Coroner Inquest: Determining Cause Of Death In Suspicious Circumstances

In this article – we discuss both the importance of the coroner’s inquest and other immediate steps that should be taken following a death in a fatal accident before compensation can be claimed by grieving relatives and dependants

Discover:

  1. When a coroner must become involved following an accident which causes death in the UK.
  2. The steps the coroners court must take.
  3. Information that you can rely on in the inquest which can help dependants and other relatives claim fatal accident compensation for the loss of a family member.
Table of Contents

When must a fatal accident coroner inquest take place?

If there is a suspicion that a death occurred in an unnatural way – a coroner should investigate how the death occurred to decide if it was an accidental death or otherwise.

Generally speaking – a coroner should become involved if an accident causes a fatality in many different circumstances. For example::

  1. A serious road traffic accident.
  2. Workplace accident.
  3. Sporting fatality.
  4. As a result of medical negligence.
  5. Death at birth.
  6. Criminal act of violence.

Why must a fatal accident coroner inquest take place?

The coroner’s involvement is to decide primarily 4 things:

  1. How the deceased came to die – the cause of death.
  2. At what time the death occurred.
  3. Where the death occurred.
  4. The identity of the deceased that has passed.

The cause of death can then be marked on that person’s death certificate, so that burial can take place and that person’s estate can be settled.

Can evidence used in the coroner’s inquest help you make a fatal accident claim?

Yes – there is essential evidence both you and your solicitor can rely on from the coroner’s inquest.

This can prove vital to help determine whether someone was at fault or not for the death of a loved one. In this way – an initial decision can be made as to whether a compensation claim should be made by grieving relatives.

For example – your solicitor will be able to access:

  1. The information used by a coroner at the inquest.
  2. Coroners verdict given.

Large Amount Of Additional Evidence Needed

It is not just the evidence from the inquest that is needed to win compensation.

Your solicitor would need a large amount of additional evidence to help prove your claim.

However, the initial findings of the coroner at the inquest would assist in helping make a decision whether to consider making a claim or not.

What is the corner’s court procedure following a fatal accident?

The procedure in brief is as follows:

1. The deceased’s body

Once a coroner is involved – the body of the deceased is technically under the control of the coroner until the outcome of the inquest is decided.

2. Post mortem

A post mortem is not always necessary. Aa coroner will make a decision whether to have one performed after discussions with the deceased’s family members.

If a post mortem is to be completed – a pathologist is chosen by the coroner who should be an independent doctor.

Family members can request another doctor be present to observe the process.

Pathologist Report

The pathologist completes a report for the coroner.

For a small fee you can request a copy of this report

3. The coroner’s court inquest following a fatal accident

Both direct family members and their legal representatives will have the right to attend at the fatal accident coroner’s court inquest.

If you are thinking of making a compensation claim it is often helpful to have your solicitor present at the inquest hearing.

Whether present or not – details should be kept of the expert and witness evidence given. This can prove helpful to the lawyer you have instructed to make a compensation claim.

4. The coroner’s court verdict

At the end of the inquest a verdict will be given coupled with reasons for the verdict of the court.

verdict coroner court inquest injury claim
Verdict Coroner Court Inquest Injury Claim

The verdict will be entered onto the death certificate. This will not only allow the body of the deceased to be buried , but also the estate of the deceased to be administered.

Interim Death Certificate

Sometimes interim death certificates are given before the full inquest takes place, In this way – the deceased’s burial can take place.

There are many different verdicts which can be given, but a couple which could give an indication that a fatal accident claim might be possible, include:

Death by unlawful killing

A verdict of death by unlawful killing will not only include criminal acts, but also acts of serious negligence,

For example – an employer’s disregard as to the health and safety of employees at work. This might be applicable to work and industrial injury death compensation claims.

Alternatively, a verdict of dangerous driving could open the door to fatal road accident compensation claims.

For example – typical dangerous driving road incidents may involved a car, truck and motorcycle.

If a verdict of death by unlawful killing is given – there is a strong possibility a fatal accident claim might be possible.

Accidental death or death by misadventure

A verdict of accidental death or death by misadventure – does not in and of itself mean that someone is legally at fault for the death.

It does however mean that there was no intention to cause death whether by accident or otherwise.

In other words – a deceased could have accidentally caused his own death, such as in a sporting accident. For example – horse riding accidents.

Alternatively, someone might have accidentally caused the death of the deceased. For example – medical negligence claims or industrial disease compensation claims.

If a verdict of accidental death or death by misadventure is given – you should contact a solicitor to see if a claim for compensation for fatal accident could be made.

5. The coroner court’s directions at the end of the inquest

If there is a serious issue to be investigated as to the cause of death – the coroner should give direction for the appropriate authorities to be notified.

This in turn can lead to further investigation, which can help your solicitor with additional information to support a fatal accident claim.

When can you claim for compensation following a fatal accident?

There are a number of additional considerations as to when you can claim compensation following a fatal accident.

This includes being in time to claim, being an entitled party and having certain heads of loss that you can claim.

See our fatal accident claim article – to see when you can claim in fatal accident compensation following the death of a loved one.

SUMMARY – Importance Of A Fatal Accident Coroner Inquest

In summary – you have learnt the evidence a fatal accident coroner inquest relies on to give a verdict coupled with teh importance of this evidence in supporting a claim for compensation for the death of a loved one.

You may wish to ask a question or have your potential claim assessed. You may just wish to discuss what has happened with a solicitor.

See our free telephone / online legal help to select the options we provide that best suits you.

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