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Claims arising from the death of a loved one can be the
most difficult claims for us to deal with. The law is unsatisfactory
in relation to these claims, because no amount of money can
compensate you for such a loss.
It is important to be aware of the limitations of the compensation
claimable under civil law, which is the area of law that
we will deal with for you. It will not, in most circumstances,
include any element of punishment for the defendant, which
is dealt with by the criminal law. In most cases for civil
compensation the defendant will carry insurance and will
not even suffer financially.
In many cases, claimants feel that they want the guilty
party punished for their actions, and are disappointed when
their civil claim does not have this effect, particularly
if no action has been taken under criminal law.
It is important to be aware of this limitation from the
outset, as it can often add to the grief and distress suffered
if a claimant is bringing a claim with false hope in this
regard.
There are also limitations to what can be claimed for arising
from a death, and the people who can make a claim. There
are essentially three types of claim that can be made:
- A claim on behalf of the deceased’s estate for
losses suffered. This will include such things as funeral
expenses (if paid for by the estate), damage to any property
(such as a bike or car that was damaged in the incident)
etc.
- Bereavement compensation. This is compensation set
by statute and is a fixed sum. The sum has been increased
on
two occasions, although is commonly still believed to
be too low by many people.
The relevant figures depend upon
when the death occurred:
a) deaths before 1.4.91 - £3,500
b) deaths on or after 1.4.91 but before 1.4.02 - £7,500
c) deaths on or after 1.4.02 - £10,000
Unfortunately,
the statute also limits those who can claim these sums
to a wife or husband of the deceased, or the parents
if the deceased was a child under 18.
- Dependency: where the deceased has left people who
were financially dependent upon him/her, e.g upon the deceased’s
income from work or a pension.
This is only a brief summary of the things that can be claimed,
and it is important that your claim is discussed in depth
to ensure that all of the relevant factors have been taken
into account.
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