A claim for a fatal injury can have a devastating impact on the deceased’s family. We understand that pursuing compensation for a wrongful death is extremely difficult. While no amount of money can ever replace your loss, a successful claim may ease the financial burden and help provide for the deceased’s dependents.
When Can You Make Claims for Fatal Injuries?
If a loved one has died due to the negligent or wrongful act of another, you may be entitled to bring a fatal injury claim. Common circumstances include:
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Road traffic accidents
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Medical negligence
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Accidents at work
All claims initially go through the Injuries Board before following the same process as a personal injury action.
Time Limits for Fatal Injury Claims
Under the Statute of Limitations, you have two years from the date of death to bring a claim. This period starts on the date of death, not the date of the accident or injury causing the death.
If the Injuries Board does not assess your claim, or if the assessment is rejected by either party, you will receive an Authorisation to bring your case through the court process.
Who Can Bring a Claim After a Fatal Accident?
A fatal injury claim can only be made by a statutory dependent who has suffered financial loss or mental distress due to the death. Eligible dependents include:
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Spouse or former spouse
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Child
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Parent
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Step-parent
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Grandparent
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Grandchild
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Sibling or half-sibling
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Adopted child
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Person in Loco-Parentis
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A person living with the deceased as husband or wife for at least three continuous years
Only one action may be brought against the same person in respect of the death, representing all dependents. Within the first six months, only the deceased’s legal personal representative may bring a claim. After six months, if no action has been taken, any eligible dependent may pursue the claim.
Compensation Available in Fatal Injury Cases
Compensation may be recoverable under three heads:
Loss of Dependency
Dependents may claim loss of financial support if the deceased contributed to household income through wages, benefits, or unpaid work.
Mental Distress (Solatium)
A sum capped at €35,000 is available for the suffering and distress caused to the family of the deceased. This is shared among dependents, though a former spouse cannot claim for mental distress.
Special Damages
This includes expenses arising from the death, such as funeral costs, inquest fees, and memorial expenses.
Family members who witnessed the accident or its immediate aftermath may also pursue a separate claim for psychological trauma.
Contact Our Solicitors for Guidance
Losing a loved one is incredibly difficult. Taking a claim for a fatal injury can be challenging, which is why it is essential to contact a solicitor who can guide you through the process, handle legal formalities, and keep you updated.
If you have lost a loved one due to a fatal accident, contact our solicitors today to discuss your options and start your claim for compensation.
