Fatal Accidents Claims

With more and more people living month-to-month, the unexpected loss of a loved one can have a devastating effect upon families.

This can often mean that families lose their only/main household income and with bills to pay, this adds additional stress at a time when you will already be under tremendous pressure.

In such circumstances a request for an interim payment should be submitted to the defendant insurer without delay. Such payments are an advance payment against the final settlement awarded at the conclusion of your case.

The court may make an award for an interim payment where the defendant has admitted liability to pay damages to you and the court is satisfied that you would receive a substantial amount of money from the defendant. Robert James solicitors have significant experience of securing substantial interim payments for clients in all cases.

Robert James solicitors also have links with benefits advisers who are able to offer advice regarding available benefits and support to those who have been bereaved in an accident.

To ensure that the case is progressed as quickly as possible, we will normally need you to provide the following documents:

1. Marriage certificates, civil partnership certificates or birth certificates.
2. Documents relating to the deceased's earnings, i.e. wage slips and/or accounts.
3. Life insurance policies.
4. Pension documents.
5. Documents relating to funeral expenses.
6. Details of any litigation which the deceased was involved in that they may have benefited from.
7. Documents relating to the education of the deceased.
8. Details of any expenses incurred for the provision of services and assistance in respect of roles that would have normally been completed by the deceased.

Please note that you will not need these documents in order to start a claim, instead this is intended to give you an idea of the documents that will be needed to more forward with your case.

If you know certain documents exist but you cannot locate these, Robert James solicitors can obtain these for you.

To claim you must be a dependent as defined by statute or have a reasonable expectation of financial support from the deceased.

The definition of a dependent is noted within Fatal Accidents Act 1976, which limits the claimants to the following:

1. The wife or husband or former wife or husband of the deceased.
2. The civil partner or former civil partner of the deceased.
3. Any person who:
   1. Was living with the deceased in the same household immediately before the date of death; and
   2. Had been living with the deceased in the same household for at least 2 years before the date of death; and
   3. Was living during the whole of that period as the husband or wife of the deceased.
4. Any parent or other ascendant of the deceased.
5. Any person who was treated by the deceased as his parent.
6. Any child or other descendant of the deceased.
7. Any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage.
8. Any person (not being a child of the deceased) who, in the case of any civil partnership to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that civil partnership.
9. Any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.