A fatal car crash in Scotland can be a devastating event, leaving families and loved ones grappling with immense grief and loss. In the midst of such tragedy, understanding your rights and potential claims can seem overwhelming. This article aims to provide clarity and guidance during this difficult time, helping you navigate the legal complexities and seek the support you deserve.
Who Can Make a Claim After a Fatal Car Accident in Scotland?
Following a fatal car crash in Scotland, certain individuals have the right to pursue a claim for damages. This includes immediate family members such as spouses, children, parents, and siblings of the deceased. Additionally, dependents who were financially reliant on the deceased, including grandchildren or other relatives, may also be eligible to make a claim. Cohabitants who lived with the deceased for at least six months prior to the accident may also have grounds for a claim.
What Can You Claim for After a Fatal Accident?
In the aftermath of a fatal car crash, there are several potential claims that can be pursued. These include:
- Loss of support: This claim seeks to compensate for the financial loss suffered due to the death of the deceased, including lost income, pension benefits, and other financial contributions.
- Funeral expenses: Reasonable funeral costs can be recovered as part of a claim.
- Loss of services: This claim compensates for the loss of household services and childcare that the deceased provided.
- Emotional distress: A claim can be made for the emotional distress and suffering caused by the death of a loved one. This is known as a “loss of society” claim.
- Solatium: This is a fixed sum payment for the grief and sorrow caused by the death.
Time Limits for Making a Fatal Accident Claim in Scotland
It’s important to be aware of the time limits for making a fatal accident claim in Scotland. 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 exceptions to this rule, such as in cases involving children or individuals with mental incapacities.
Fatal Accident Inquiries (FAI)
In Scotland, fatal car accidents often lead to a Fatal Accident Inquiry (FAI). This is a legal process conducted by a Sheriff to establish the circumstances of the death and make recommendations to prevent similar incidents in the future. The FAI is separate from any civil claim for compensation and focuses on determining the cause of the accident and identifying any lessons that can be learned.
Gathering Evidence to Support Your Claim
To build a strong case for a fatal accident claim, it’s essential to gather relevant evidence. This may include:
- Police reports and accident investigation findings
- Witness statements
- Medical records and reports
- Employment and financial records of the deceased
- Documentation of funeral expenses
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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This firm is excellent, they sorted out my car pay out and injury claim very fast, they always communicate with you all the time.
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