Losing someone in a road traffic collision is a devastating experience. The sudden death of a loved one brings immense grief, and while you may be entitled to make a wrongful death compensation claim in these cases, it can be difficult to think about the legal process on top of everything else.

At Switalskis, our road traffic accident team provides compassionate emotional support to help bereaved families through every step of the process after a loved one's death. From working out how much compensation you should receive to reduce any immediate financial burden, to connecting you with resources that can help you to process your grief, we take a thorough approach to client care during these difficult times.

Here, our expert personal injury solicitors explain how we support clients through the process of claiming fatal accident compensation and moving forward following a period of unimaginable grief.

The inquest

For any fatal road traffic accident, an inquest is almost always mandatory. When a car crash results in someone's death, a police investigation will be launched and a coroner’s inquest will usually follow. The police will gather evidence to determine whether a crime occurred - for example, if someone was driving while impaired - and may pass the file to the Crown Prosecution Service where the evidence suggests that someone was at fault.

The police will also report the death to the coroner, a judicial officer who is responsible for investigating sudden, unnatural or unexplained deaths. They will usually order a post-mortem examination to establish the medical cause of death. The coroner then decides if an inquest is necessary, which it typically is in road traffic accident cases.

What happens at the inquest?

An inquest is a public fact-finding inquiry. The purpose isn't to assign blame or find guilt, but to answer factual questions about the person's death. The coroner aims to answer these four specific questions:

• Who died?
• Where did they die?
• When did they die?
• How did they die?

The process is designed to uncover the facts, not to punish anyone. However, if the evidence suggests that someone was at fault, this evidence may be passed to the police to form part of their criminal investigation.

At the end of the inquest, the coroner gives a conclusion based on the evidence. This conclusion may be as straightforward as finding that the death was an accidental death or was caused by a road traffic collision.

Do I need legal representation at the inquest?

Close family members become "interested persons" during the inquest. This status gives you specific rights to look at evidence like police reports and witness statements, and to ask witnesses questions during the hearing.

Having legal representation can make a huge difference in these cases, and Switalskis offers a range of support to family members and loved ones during the inquest process. Our specialist fatal accident solicitors understand the complexities of these hearings, and can review complex medical records and accident reports to make sure the investigation covers all the important details and your questions are answered.

We'll prepare you for what to expect on the day of the hearing, and explain how a fatal incident investigation works. We can ask questions on your behalf during the inquest, and we'll manage all communication with the coroner’s office, the police and any insurance company involved at all stages.

Making a fatal accident claim

Civil compensation claims are entirely separate from criminal proceedings or inquests. You can bring a wrongful death claim before the inquest or any related criminal investigation concludes, and even if no criminal offence is shown to have taken place.

How does a fatal accident claim work?

Fatal accident claims are civil cases brought against the person or organisation responsible for the death. When someone dies because of someone else's negligence, the law allows certain family members and dependents to seek compensation whether or not criminal liability is found.

Making a fatal accident claim is a way to secure your family's future when a primary earner or caregiver is suddenly taken away. The executor or administrator of the deceased person’s estate can make a claim initially for losses the person experienced before they died. If the estate doesn't make a claim within six months, dependents can bring their own claims.

A dependant's claim can be made by:

• Spouses and civil partners
• Children
• Parents and siblings
• Cohabiting partners who lived with the person for at least two years

While it can be difficult to think about this legal process in the immediate aftermath of someone's death, it's important to know that time limits often apply. In most cases, you must start a compensation claim within three years of the accident, and acting quickly makes it easier to gather strong evidence.

Switalskis specialises in claims of this type and can advise you on whether a claim will be possible in your circumstances during a free initial consultation, along with any time limits that apply.

How much compensation can I get for a fatal injury claim?

When you make a fatal accident compensation claim, the settlement usually consists of several different parts. Fatal accident compensation aims to put you back in the financial position you'd be in if the accident hadn't happened, which means that it can account for the financial consequences that follow, including lost income and dependency or other financial consequences.

The statutory bereavement award

The statutory bereavement award is a fixed payment set by the government. It acts as a recognition of your grief. In England and Wales, the bereavement award is currently £15,120.

The law strictly limits who can claim bereavement damages. Only a spouse, civil partner or a cohabiting partner of two years or longer can claim. The parents of a deceased child under the age of 18 can also claim. If more than one person qualifies, they split the award equally.

Claiming dependency damages

The largest part of most fatal accident compensation claims is the dependency claim. Dependency claims compensate family members for the financial support they've lost.

This includes the loss of the deceased person's earnings and pension benefits. It also includes "services dependency", which covers the practical things the person used to do, like childcare, household management, or DIY. The court considers the financial support the dependents relied upon, and your solicitor will calculate a fair amount to make sure you get the compensation you need.

Funeral expenses

When a death is the fault of another party, you can recover reasonable funeral expenses as part of the accident compensation claim. This usually includes the costs of:

• The funeral service
• Flowers
• A headstone

You should keep all receipts and invoices for these services, as we will add these costs to your legal claim.

Pain and suffering

Under the Fatal Accidents Act 1976, the estate can also claim for the pain and suffering the person experienced between the accident and their passing if they didn't die instantly. This forms part of the fatal injury compensation and recognises the distress caused by the fatal injuries before death.

If you have urgent financial needs, we will work to secure interim payments, which mean that you'll receive a portion of your overall compensation before the claim fully concludes.

What is the fatal accident claims process?

Taking legal action can feel daunting, but another way that Switalskis can help is by handling the legal process on your behalf. While every claim is different, there are steps that must be followed in every case and a structure that can prepare you for what to expect.

The first step of the fatal injury claims process is a free conversation with our experienced road traffic accident solicitors. We'll listen to what happened and explain your options. If there's a case for negligence, we'll begin gathering evidence.

The evidence we'll use includes gathering police reports, medical records and witness statements that prove that another party was liable for your loved one's accident. We'll also compile evidence of your financial losses, such as wage slips and household bills, to make sure these losses are part of the compensation awarded.

After building a strong case, we notify the person responsible or their insurance company. They'll have a few months to investigate, after which they must respond and state whether they accept liability.

In many fatal accident claims, the parties reach an agreement out of court. Our specialist fatal accident solicitors will use their legal expertise and negotiate hard to secure the maximum compensation for your family. If this isn't possible, we'll begin court proceedings . Most accident claims settle without going to a full trial, but if the other side denies responsibility or refuses to offer a fair settlement, court proceedings may be necessary.

If this happens, Switalskis will provide strong legal representation and support you through every stage of the legal proceedings. Our legal team is highly experienced in representing families in the court process.

We handle most fatal accident claims on a win no fee basis, under a conditional fee agreement. This protects you from financial risk and means that you won't pay any upfront legal fees. If your fatal injury claim is unsuccessful, you won't pay anything - you will only need to pay legal fees if you claim compensation successfully.

Are inquests and compensation claims connected?

While the inquest and the civil claim are separate legal processes, they're closely linked. The findings of the coroner can have a big impact on your compensation claims, and the evidence heard at the inquest could be invaluable.

The inquest aims to answer how the person died. While it doesn't assign blame, the evidence presented during the inquest is very useful for your civil claim. We can use the inquest process to gather evidence, including witness statements and any expert testimony that could establish liability. If the evidence suggests that someone else's negligence caused the accident, we use this to strengthen your accident claims.

How can Switalskis support me?

Choosing the right legal team is crucial. At Switalskis, our fatal accident solicitors dedicate their careers to helping bereaved families. We understand the devastation a fatal accident causes, and we bring a personal approach to every case that we take on.

When you instruct Switalskis to make a claim, our dedicated team will focus on securing the financial support you need. We manage the court proceedings, review the witness statements, and fight for the maximum compensation.

We provide clear, honest advice about your fatal accident compensation claims. We handle the legal complexities so you can focus on remembering your loved one. We're great listeners, and are easy to contact at any stage during the claims process if you need support. When you feel ready to talk, we're here.

Switalskis is dedicated to supporting road crash victims and their families. Let us help you find the answers you deserve and secure the future for you and your dependents. Contact us to discuss how to make a fatal accident claim on a no win, no fee basis. Call us on 0800 138 0458 or get in touch via the form on our website.