A fatal road accident claim is legal action taken whereby a person dies as a result of a road traffic accident as a result of the wrongful act of another person. Unfortunately, fatal road accidents happen on a regular basis. The financial burden that their dependents bear thereafter can be alleviated through the fatal road accident claims process. 

They can occur as a result of:

  • Driving while talking on a mobile phone
  • Fatigue driving
  • Driving while under the influence of alcohol or drugs
  • Dangerous overtaking
  • Intercepting the path of another vehicle
  • Driving recklessly through a red light

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Who can bring a claim forward?

The person who brings legal proceedings forward against the person accountable is known as the dependent. The relevant legislation (Part 4 of the Civil Liability Act, 1961) states that only one claim may be brought against the same person in respect of the death. This claim must be brought on the behalf of all the deceased’s dependents. 

Dependent typically include: 

  • Partner or former partner
  • Child
  • Parent
  • Brother or Sister
  • Aunt or Uncle
  • Grandparent
  • Grandchild
  • Stepmother or Stepfather
  • Stepbrother of Stepsister
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Three grounds to bring a claim forward

The person who brings legal proceedings forward against the person accountable is known as the dependent. The relevant legislation (Part 4 of the Civil Liability Act, 1961) states that only one claim may be brought against the same person in respect of the death. This claim must be brought on the behalf of all the deceased’s dependents. 

Dependent typically include: 

1. Financial Loss

A financial loss can consist of a person who was financially dependent on the deceased and may suffer financial loss that they and each of the dependents suffered. Actuarial calculations may be necessary as this evidence is presented by showing how much they would have received if the deceased had lived.

2. Mental Distress

The amount awarded to dependents of a deceased person for mental stress following a fatal road accident is known as solatium. The maximum amount for this aspect of a fatal injury claim is 35,000. The solatium claimed is intended as an acknowledgement of grief rather than any attempt to compensate for it. Along with this figure added financial dependency loss into the future would be included. 

We understand that this is a very difficult time and are here to help you move through the fatal accident claim process with ease. Should you wish to discuss, feel free to contact our team of professional injury solicitors for further information making a claim.

3. Funeral Expenses

Funeral expenses can include the usual costs of burial/cremation and a headstone. Other expenses that can be included are the costs of acknowledgement cards, traveling expenses and any related expenses incurred.

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