When can I take a fatal injuries claim?

A fatal injuries claim can be initiated by dependents when they can establish that the death of their loved one occurred due to negligence, or fault on the party of a third party.

Who can take a fatal injuries claim?

If a claim is initiated within 6 months of the date of death, it must be taken by the Personal Representative of the Deceased. After 6 months, any dependent can initiate the claim.

A fatal injuries action can be taken by a dependent of the deceased. Dependents may include spouses, partners, children, stepchildren, siblings, parents or indeed grandparents. Former partners or spouses may also qualify as dependents.

Only one action can be taken on behalf of all dependents and it is recommended that the family would agree, between themselves, who is best placed to represent their interests.

What does a fatal injuries claim cover?

-Psychological distress- compensation for mental distress arising due to the death of a loved one is referred to as ‘solatium.’ The Courts can award a maximum of €35,000 in respect of ‘solatium.’ Depending on the circumstances of the case, there may also be grounds for a claim for nervous shock.
-Loss of dependency- again, depending on the circumstances of the case, if the dependents were financially dependent on the deceased, a claim for loss of dependency may arise.
-Loss of service- sometimes, the deceased may not have been working and may have been a homemaker. Their contribution to the home must be clearly established.
-Funeral expenses
-Costs for legal representation at an Inquest
It is important that you consult a Solicitor who has expertise in the area of fatal injuries claim, so that you can rest assured that all aspects of the claim will be properly documented. Brigid has worked exclusively in the area of civil litigation, recovering compensation for those who have suffered loss due to negligence on the part of a third party, for the entirety of her career. She has broad experience in the area of fatal injuries claims- both in the context of medical negligence and personal injuries law.

How long do I have to take a fatal injuries claim?

Generally speaking, a claim must be initiated within two years of the date of death. However, it is always best that investigations begin at the earliest possible point to ensure the best possible outcome. If you believe that you have grounds for a fatal injuries claim, contact us today to arrange a consultation with Brigid.

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.