A fatal car crash is a devastating event that leaves families grappling with immense grief and countless unanswered questions. In the midst of such tragedy, understanding your legal rights can seem overwhelming. This comprehensive guide aims to shed light on the complex legal landscape surrounding fatal car crashes in Scotland, empowering you with the knowledge you need to navigate this difficult time. We will also highlight how you can start a road traffic accident claim.
Who Can Make a Claim After a Fatal Accident in Scotland?
In Scotland, certain individuals have the right to pursue a claim for damages following a fatal car accident. These include:
- The Immediate Family: This encompasses the spouse or civil partner, children, parents, and siblings of the deceased.
- Dependents: Individuals who were financially reliant on the deceased, such as grandchildren or other relatives, may also be eligible to make a claim.
- Cohabitants: Those who lived with the deceased for at least six months prior to the accident may also have a claim.
What Compensation Can You Claim After a Fatal Car Accident in Scotland?
The compensation awarded in fatal car accident claims in Scotland typically covers two main areas:
Loss of Financial Support:
This accounts for the income the deceased would have contributed to the family had they survived. Factors such as age, earning capacity, and life expectancy are taken into consideration when calculating this amount.
Loss of Society:
This aims to compensate for the emotional distress and loss of companionship suffered by the family due to the death of their loved one. The closeness of the relationship between the claimant and the deceased is a key factor in determining the level of compensation awarded.
Time Limits for Making a Fatal Accident Claim in Scotland
In Scotland, there is a strict time limit for making a fatal accident claim. Generally, you must initiate legal proceedings within three years of the date of the accident or the date of death, whichever is later. However, there are certain exceptions to this rule, such as in cases involving children or individuals with mental incapacities.
What Evidence is Needed to Support a Fatal Accident Claim in Scotland?
To build a strong fatal accident claim in Scotland, you will need to gather various pieces of evidence, including:
- Police Reports: The official police report of the accident provides crucial details about the circumstances surrounding the crash.
- Witness Statements: Statements from individuals who witnessed the accident can offer valuable insights into the events leading up to the collision.
- Medical Records: The deceased’s medical records can shed light on the extent of their injuries and the cause of death.
- Financial Documents: Payslips, tax returns, and other financial documents can help establish the deceased’s income and earning potential.
Making a Road Traffic Accident Claim with National Claims
At National Claims, we understand the profound impact that road traffic accidents can have on your life and the lives of your loved ones. If you have been injured in an accident caused by another driver’s negligence, whether it be due to fatigue, distraction, or recklessness.
Free Consultation
We recognise that every road traffic accident case is unique, and we’re here to offer you a free, no-obligation consultation to discuss your specific situation. During this consultation, we’ll listen attentively to your experience, gather relevant details about the accident, and assess the potential strength of your claim.
Our team will then connect you with a qualified solicitor from our panel who specialises in road traffic accident claims, ensuring that you receive the expert legal representation needed to pursue your case effectively.
*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.
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Excellent
This firm is excellent, they sorted out my car pay out and injury claim very fast, they always communicate with you all the time.
My accident case was dealt with confidence and with great result of the outcome, especially James kept me informed all the time.
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