When a loved one dies due to someone else’s negligence, the emotional toll is immeasurable. Alongside grief, families often face financial hardship and unanswered questions.
In England and Wales, the law provides clear rights for dependents to seek compensation and justice for fatal accident claims. At Ison Harrison, we specialise not only in securing compensation, but also, where appropriate, in guiding families through the inquest and investigation process with compassion and expertise. In certain types of inquest cases, including those engaging Article 2 or involving state agencies, we would seek to secure Legal Aid Agency funding to support families.
Legal Foundations of Fatal Accident Claims
- Law Reform (Miscellaneous Provisions) Act 1934
This Act allows the estate of the deceased to bring a claim for losses the deceased could have claimed had they survived. This includes pain and suffering, loss of earnings up to the date of death, and other financial losses. The claim is made on behalf of the estate and any beneficiaries. - Fatal Accidents Act 1976
This Act enables dependents of the deceased to claim compensation for the loss of financial support, services, and companionship. Eligible dependents include:
- Spouses and civil partners
- Children including stepchildren and adopted children
- Parents and grandparents
- Cohabiting partners living together for at least two years
- Anyone who was financially dependent on the deceased
Claims can include:
- Loss of income and pension contributions
- Loss of services such as childcare or household tasks
- Funeral expenses
- A statutory bereavement award currently £15,120
- Article 2 of the Human Rights Act 1998
This article protects the right to life and places a duty on the state to investigate deaths where public authorities may be involved. If your loved one died in circumstances involving police, prison services, or NHS care, Article 2 may entitle you to a more thorough inquest and public investigation into the death. For many Article 2 inquests and cases involving deaths in custody or contact with state agencies, we can secure LAA funding to ensure families have specialist representation without financial pressure.
Navigating Inquests and Investigations
In many fatal accident cases, an inquest is held to determine how the death occurred. This can be a daunting process for families. At Ison Harrison, we provide expert legal representation at inquests, ensuring your voice is heard and your interests are protected. We help uncover the truth and hold those responsible to account. Where criteria are met, we will apply for LAA funding on your behalf to support representation throughout the inquest process. In accordance with LAA guidance, public funding will be sought where available and appropriate and will take precedence over other funding options.
Funding Options: Public Funding and No Win, No Fee
We believe that cost should never be a barrier to justice. Where Legal Aid Agency funding is available and appropriate, we will apply for public funding to support your case.
We also offer no win, no fee arrangements for fatal accident claims. This means you will not pay anything upfront, and if your claim is not successful, you do not pay for the work we have done. If successful, we retain a pre-agreed percentage of the compensation recovered. This approach ensures you have access to expert legal support when you need it most, in line with regulatory requirements and best practice.
Why Choose Ison Harrison
We are trusted, expert personal injury solicitors with a strong track record in fatal accident claims and inquest representation. Our team is:
- Lexcel-accredited for excellence in legal practice
- Experienced in handling complex and sensitive cases
- Based locally across Yorkshire with national reach
We understand the emotional and legal challenges families face after a fatal accident. Our approach is compassionate, clear, and focused on achieving the best outcome for you.
Contact Us Today
If you have lost a loved one due to third party negligence, you may be entitled to compensation and a full investigation into the circumstances of their death. Let us help you take the first step towards justice.
Contact our personal injury solicitors today for a free, no obligation consultation. Call us on 0113 284 5000 or email pi@isonharrison.co.uk.
