Home > Legal Affairs > Wrongful Death Suits

Wrongful Death Suits

By: Beth Morrisey MLIS - Updated: 30 Jun 2018 | comments*Discuss
 
Wrongful Death wrongful Death Case

In general “wrongful death” is a term that might be applied to any death that results due to the wrongful actions, the neglect or the default of another individual. England and Wales use the same legislation to govern cases of this type, while Scotland and Northern Ireland each have their own legislation to govern such cases. Wrongful death suits are extremely complex, as are the intricacies of the legislation governing them, so experienced solicitors should always be consulted for information and advice regarding specific cases.

England and Wales

The legislation governing wrongful death in England and Wales is the Fatal Accidents Act of 1976. This act allows relatives of people killed by the wrongful act, neglect or default of others to recover damages. This Act allows three types of claims to be made by relatives, including dependency claims which mean that certain former dependents of the deceased can seek financial compensation, bereavement claims which allow certain former dependents to claim a sum in recognition of the grief and suffering that they were caused, and funeral expenses claims to cover the cost of the funeral. Any awards given in respect to wrongful death suits, however, will take into account any social security benefits already received in respect to the case.

Scotland

The legislation governing wrongful death in Scotland is the Damages (Scotland) Act 1993 which amends the Damages (Scotland) Act 1976. The legislation addresses the rights of relatives to claim compensation in relation to distress, grief, loss (of society, support, services) and funeral expenses. The legislation also allows for executors to claim damages stemming from the deceased’s wrongful death. Currently discussions in the Scottish legal community and government are ongoing regarding wrongful death compensations and the timing of wrongful death suits.

Northern Ireland

The Fatal Accidents (Northern Ireland) Order 1977, as amended, govern wrongful death cases in Northern Ireland. The Damages for Bereavement (Variation of Sum) (Northern Ireland) Order 2002 increased sum which could be awarded for bereavement in Northern Ireland under the Fatal Accidents (Northern Ireland) Order 1977, and the Limitation (Northern Ireland) Order 1989 established time limits for the bringing of suits under this legislation.

Brining a Wrongful Death Suit

Regardless of the location, if it is believed that someone in the United Kingdom died due to the wrongful act, neglect or default of another then relatives of the deceased should consult a solicitor experienced in personal injury claims immediately. This solicitor will help establish if the death was indeed wrongful, if the relative has the right to bring such a suit, what type of evidence will be needed to help build the case, which paperwork will need to be filled out to bring the case, and if the case is within all applicable time limits. As wrongful death cases can be particularly complex and confusing, having an experienced guide in the form of a solicitor will be invaluable. Solicitor fees will vary for such suits, so be sure to discuss your needs and ask for a best estimate before formally hiring anyone to work on the case. Asking around with several solicitors might always be a good means of finding out "going rates" and what the prevailing expectations are for your case. Settle on a solicitor whom you can afford and feel comfortable with, as wrongful death suits can be emotionally distressing throughout.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
sincerely, I always wondered how I could boost my score after constantly getting ripped off by lenders,credit card companies and banks due to my poor credit..But QUADHACKED came through and I can’t thank this dude enough..He changed my life and now I can boast of having a home all thanks to him.He can fix your credit report and increase your scores in 2 weeks yes I just said that!! Hit him up on his work email QUADHACKED(at)GMAIL(dot)COM .
Kingsley - 7-Jun-18 @ 8:53 PM
I was blindly in love with my ex husband so it was hard for me to believe it even though the signs were obvious, always hiding his phone and busy at all time, coming home late. Then I talked to my best friend who introduced me to this lady at her work who once had similar problem and she introduced me to a wonderful hacker who hacked into my husband’s phone, computer, bank account, and so on without any trace and within 24hours I know all my husband secret. With Harry’s help I had all the proofs I needed. No one deserves to live in the dark. Harry is so affordable. Email: HACKSERVICES41 at GMAIL dot COM Call or text no:+1 908-768-4985
dianaperu468 - 27-May-18 @ 10:02 PM
Wrongful death of mother ... A&E staff alerted me mother was not fed for several days and other failure of their duty of care in hospital ... Resulting in horrible painful death.
Alana - 11-Apr-17 @ 2:34 AM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
  • Confused
    Re: Tax Affairs After a Death
    Hi, My Mum died recently leaving no property and very few personal possessions as she spent her final years in a care home. She only…
    17 January 2019
  • Sis
    Re: The Rights to Obtain a Headstone?
    My mom passed away more then 2 years ago 2 and ahalf years ago and still does not have a head stone at her grave sight can…
    11 January 2019
  • Annabanana
    Re: Bereavement Counselling: What to Expect
    I lost my mum suddenly, unexpectedly in April 2018. Every day I still cry at something to do with her. I feel hollow…
    5 January 2019
  • ralph
    Re: The Rights to Obtain a Headstone?
    I went on google in search of how to take off eviction from my public records and most people on different forums kept…
    3 January 2019
  • Pink pig
    Re: The Rights to Obtain a Headstone?
    I brought my mum and dad grave stone. My two brothers keep taking my flowers off the stone and they put theirs on instead .…
    31 December 2018
  • Low
    Re: Purchasing a Burial Plot
    My dad ( passed) may have bought himself a cremation plot. But my siblings and me have not got the ashes and don't know if we ever…
    18 December 2018
  • lkm
    Re: Children Losing a Parent
    Yesterday i lost my soulmate, he died in my arms from a mystery illness. He never went to see a doctor. I'm carrying so much guilt from…
    18 December 2018
  • Anni
    Re: Purchasing a Burial Plot
    I have cancer and wanted to buy a plot before I die how much are they
    1 December 2018
  • Gaga
    Re: Bereavement Payment
    My daughters father past away a year ago (was killed) so what I can apply for to help support my child we was no longer together before hand…
    26 November 2018
  • Gaga
    Re: Bereavement Payment
    My daughters father past away a year ago so what I apply for to help support my child we was no longer together before hand but his was still…
    26 November 2018