Fatal Accidents Claims Solicitors
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- Claim For Personal Injury - No Win No Fee Claims
Fatal Accidents in Scotland
Claim For a Fatal Accident in Scotland with No Win No Fee
Harper Macleod has specialist fatal accident solicitors who can help you and your family following the loss of a loved one. We know that no amount of money can ever compensate for the trauma you and your family suffer following losing a loved one. As experts in dealing with fatal accidents we know how important it is to get answers and we will support you and your family during this traumatic time.
Our experience of fatal accidents
We have represented individuals and families in relation:
- Road traffic accidents & other road accidents
- Work place accidents
- Public transport accidents
- Exposure to hazardous substances
- Aviation including helicopter accidents & maritime accidents
How to submit a claim following a Fatal Accident?
Under Scottish law the range of people who are able to receive compensation as a result of a fatal accident is wide ranging. Compensation payments to relatives in Scotland are higher than in England and Wales.
Our specialist personal injury lawyers will help you. We will not deduct a percentage of any damages we recover for your family. We will fight for justice and fairness for you and your family.
How long do I have to submit a claim following a fatal accident?
The time limit for settling a claim following a fatal accident is usually three years after the accident.
If a child has a claim for damages for the loss of a loved one the time limit for raising a court to action is three years from their 16th Birthday. We would hope to settle a claim for damages without the need for a court action.
No Win No Fee - Funding your Personal Injury claim
For clients who do not have the benefit of Legal Expense Insurance (“LEI”) we deal with claims on a No Win No Fee basis, meaning you pay nothing if your case is unsuccessful. Even if you have LEI there is no requirement for you to accept the solicitors chosen by your insurers. You have the right to “freedom of choice” if you feel they do not have the expertise for your claim or even the right location.
Our experience has led to:
- Helping thousands of people like you fight for justice
- No Win No Fee claims
- Helping with Rehabilitation with specialist contacts
- Securing over £20m for our clients in the last 18 months
- 9 out of 10 customers would use us again and recommend us to friends & family based on client feedback
Why use Harper Macleod for your Serious Injury claim?
We are fatal accident experts and have one of the largest departments in Scotland with over 25 specialists covering the whole of Scotland, offices in Glasgow, Edinburgh, Inverness, Thurso and Lerwick, and we offer a no win no fee.
Get in touch with our Fatal Accident Injury Team
We provide a free initial consultation and you can contact us by filling out the claims form below with details of your accident/injury or:
FAQ - Fatal Accident claims process in Scotland
When a death happens in Scotland it may result in a Fatal Accident Inquiry (FAI). A FAI is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland.
A FAI is held in Scotland following a death in the workplace or in cases which require further investigation due to sudden, suspicious, accidental or unexplained elements.
The Lord Advocate has responsibility in Scotland to investigate any death which requires further explanation.
Examples of accident cases where FAIs followed include:
- Deaths on Scottish roads
- Helicopter crashes and Aviation Accidents
- Deaths in Scottish waters, Accidents involving ships and rail disasters
- Workplace and Workplace Transport Accidents
- Public Transport Accidents
- Exposure to Hazardous Substances
When a person dies in Scotland, there requires to be a medical certificate issued giving the cause of death. This certificate must be completed by a doctor and must show the time, place and cause of death.
Most sudden and unexplained deaths are reported to the Procurator Fiscal because a doctor is unable to confirm the cause of death and is therefore unable to issue a death certificate.
Once a death has been reported to the Procurator Fiscal, the Procurator Fiscal has a legal responsibility for the deceased's body, usually until a death certificate is written by a doctor and given to the nearest relative.
A FAI is a type of court hearing which publically inquiries into the circumstances of a death. It will be presided over by a Sheriff and will normally be held in the Sheriff Court. There is no jury.
If a death happens as a result of an accident while at work a FAI will normally be held. FAIs can also be held in other circumstances if it is thought to be in the public interest to do so.
In a Fatal Accident Inquiry (FAI) the Sheriff is required to produce a determination. In drafting a determination the Sheriff is required to consider five distinct areas:
- time and place of the death;
- the cause of death;
- any precautions which may have avoided the death;
- any defects in the system of working which may have avoided the death, and;
- any other relevant considerations.
Evidence is presented by the Procurator Fiscal in the public interest, and other parties may be represented. Parties can choose representation by counsel (Advocate) or solicitor, or may appear in person.
We will focus on achieving justice and securing a fair settlement for you and your family. Usually it is necessary to prove that there was negligence that resulted in the death of your loved one. We do this by ingathering evidence in relation to how the accident or incident happened, getting witness evidence, recovering relevant documents and speaking with you and your family. We will try to establish what went wrong and ensure that measures are put in place to ensure that it doesn't happen again.
We will advise you on what we are able to input as part of your claim and guide you through the process. Intimation of your claim is made on the person or legal entity who was responsible for the death- the negligent party. We ask that they pass details of the claim onto their insurance company who we ask to deal with your case.
Our aim is to achieve a conclusion for you as quickly as possible but we will ensure that any settlement is achieved on your behalf for a reasonable amount at the right time.
Your case may settle within the terms of the Pre- Action Protocol which means it settles without the need for court action. We understand the legal process and the impact this has on clients and their families so we will work with you to ensure that the process is as supportive and effective for you as possible.
The categories of people who can make a claim following the death of a loved one is greater in Scotland than it is in England and Wales and the damages that are awarded in Scotland are greater.
There are a number of categories of family members and people with a relationship of affinity to the victim who can claim compensation. These include:
- Spouse or former spouse;
- Civil partners or former civil partner;
- A cohabitee if you have been living as man and wife for over two years;
- Brother, sister, uncle or aunt; and
There may also be a claim on behalf of the estate of the victim for the pain and suffering they suffered prior to their death, financial losses and funeral costs. Any compensation received for the estate will be distributed in accordance with the will of the victim. If there is no will at the time of death then our specialist team can give you advice in relation to this.
Our specialist fatal accident team include some of the leading solicitors in Scotland who have changed the law for the better in Scotland by fighting for the rights of victims of fatal accidents and their families.
When you and your family lose a loved one no amount of money can ever compensate you for the loss of that person. The loss of a loved one may result in financial implications for you and your family and compensation can help ease the burden of financial worries you and your family may have.
The categories of people who can make a claim in Scotland and the awards made to people in Scotland arising from a death in Scotland is greater than that in England and Wales.
Our team can advise you and your family about the level of compensation you can expect to recover. In addition to legal advice, our team can put you in touch with support groups that may be able to assist you and your family. We will act in the best interests of you and your family at all times. In addition we have significant experience of dealing with any unwanted media interest.
We understand that life will never be the same again for you and your family. Our specialist Fatal Accident solicitors have extensive experience of caring for families following the loss of a loved one. We will care about you and as experts we use our specialist knowledge to secure justice and fairness for those we represent.
Our clients rate us as 9.5 out of 10 in terms of service and advice. 9 out of 10 customers would use us again and recommend us to friends & family.
Importantly with us, unlike many others, you keep 100% of the compensation you receive & our specialist personal injury lawyers will provide you with a free initial consultation.
Speak to one of our specialist Personal Injury team for a free initial consultation.
We're specialists you can trust
We are accredited by the Association of Personal Injury Lawyers and the Law Society of Scotland's Personal Injury Accreditation Scheme. We are also members of the Motor Accident Solicitors Society.
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