Bicycle Accident Claim – Top 5 Reasons Cyclists Are Injured in Scotland
Fatal Injury Solicitors - Scotland
A fatal accident claim arises when someone dies due to another person’s or an organisation’s negligence. At Watermans, our fatal injury solicitors offer expert assistance with these claims, ensuring you receive the compensation you deserve.
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Shaun, Personal Injury Claim
The Short of It
Coping with grief after a fatal accident is extremely tough.
At Watermans, we aim to help you access the emotional and financial support you need.
You may be eligible to claim fatal accident compensation
if you are a qualifying relative of the deceased.
The compensation may include funeral costs and the
loss of financial support your loved one would have provided.
Everything we do at Watermans is about getting you the
resolution you need and providing straightforward legal advice.
The Long of It
Fatal Accidents
Fatal Accident Claims
The emotional impact of losing a loved one unexpectedly is overwhelming. While legal and financial matters may feel unimportant during this time, a fatal injury claim can alleviate the financial pressure after the tragic loss.
Sadly, more than 100 lives are lost each year on Scottish roads due to fatal car accidents. According to Transport Scotland, there were 153 road deaths in Scotland in 2023, underlining why so many families turn to specialist fatal injury solicitors for support.
However, fatal compensation claims are not limited to car accidents. They also apply to accidents involving any road user, including:
- Cyclists
- Pedestrians
- Occupants of other motor vehicles
You are entitled to compensation for fatal injury claims if the person who caused the fatal accident is proven to be negligent. However, it can be challenging to handle it on your own. Watermans takes care of the legal side of fatal injury claims, working to secure the compensation you’re entitled to.
Different Types of Fatal Accidents
There are various circumstances in which you can make a fatal accident compensation claim. Whether you want to claim for a road accident, a workplace accident or a fatal injury abroad, our fatal accident solicitors can assist you.
Fatal Road Traffic Accident Claims
When it comes to a fatal road traffic accident, several negligent behaviours may have caused the accident, including:
- Driving under the influence of alcohol or drugs
- Using a mobile phone
- Dangerous driving or failing to follow road rules
- Tailgating
- Faulty vehicles or equipment
Workplace Accidents
You can make a fatal accident claim if your loved one suffered from fatal injuries in the workplace, amongst other things:
- Dangerous equipment or machinery
- An employer failing to follow health and safety guidelines
Fatal Industrial Accident Claims
A fatal accident claim can be made when a disease or illness, such as carbon monoxide poisoning or asbestos, occurs. The deceased’s family can claim for this wrongful death and any medical expenses.
Criminal Assaults
If your loved one lost their life due to a violent crime, you may be able to pursue a fatal accident claim. The process may include criminal injury claims against the assailant. In some cases, this will be done through the Criminal Injuries Compensation Authority (CICA).
Making a Claim
How Do I Make a Fatal Injury Compensation Claim?
The process of making a fatal injury compensation claim follows a similar procedure to other personal injury claims. Investigations in the claim process may differ, and payouts reflect the family’s specific financial losses.
These are the steps you may need to follow to make a fatal injury claim:
- Initial consultation: The first step is to contact our personal injury team. We can offer legal advice during a no-obligation consultation following an accident.
- Case evaluation: We’ll analyse the information and evidence regarding the accident. As soon as we’ve got all the details in place, we’ll inform you if there are reasonable prospects of success and claim on your behalf.
- Claim initiation: We’ll contact the person responsible for the fatal injury to let them know you’re seeking compensation for a fatal accident and any associated damages. Our specialist solicitors will update you on the progress of your claim at all times.
- Negotiation and settlement: Our legal professionals will argue for maximum compensation and work to have the responsible party accept fault, if applicable.
- Resolution or court action: We aim to reach a fair settlement through skilled negotiation, but if necessary, we may start court proceedings, which we understand may be overwhelming.
Our specialist fatal injury solicitors will fully represent you throughout any legal action and do their best to recover damages.
Contact Watermans for a no-obligation consultation and let us manage the legal process while you focus on your family.
Fatal Accident Compensation
How much compensation can I claim for a fatal accident?
The compensation amount varies depending on who was at fault for causing the accident. Whether a third party is fully to blame or both drivers were at fault, you are still eligible to make a fatal road traffic accident claim for compensation. However, the amount of compensation may be reduced to reflect your family members’ partial responsibility.
- If the deceased was fully responsible for the accident, compensation may not be available.
- In some cases, fatal accidents may occur due to factors beyond anyone’s control (e.g., a medical episode), resulting in a more complex claims process. This may require a thorough investigation to determine liability and eligibility for compensation.
It’s best to consult with an experienced fatal accident solicitor who can assess the specific circumstances and provide guidance on the best course of action. You can use our personal injury claims calculator to get an initial sense of what you may be entitled to.
What kind of compensation can I claim after a fatal accident?
You are eligible to claim compensation for the following after a fatal accident:
- Medical and hospital expenses: This includes coverage for emergency services, surgeries and medical fees for specialists.
- Funeral expenses: Expenses for the casket, burial plot, headstone, cremation, and other reasonable costs.
- Loss of financial support: This covers all the financial assistance the deceased would have provided to their relatives before their death.
- Loss of services: This includes the care the deceased would have provided to dependent children.
- Loss of earnings: Covers the period between the accident and the death, and includes any sick pay or lost income.
- The loss of the deceased: Also known as “loss of society” or “non-patrimonial loss”.
- Injuries and suffering of the deceased: Accounts for the pain and suffering experienced by the deceased before death.
Make A Claim
Why Watermans?
Watermans is listed on the Law Society of Scotland and the Scottish Legal Aid Board. We are also independently verified on Review Solicitors, where we hold a 4.9/5* rating from over 1,290 client reviews. These accreditations reflect our commitment to clear, trustworthy legal representation for families across Scotland.
When you pursue a fatal personal injury claim through Watermans, you can be confident that the negligent party is held legally and financially accountable, protecting your family’s financial security. Dealing with fatal accident cases is never straightforward, and we understand the weight that families carry through this process.
Why Choose Watermans for Your Fatal Accident Compensation Claim?
Watermans makes legal services straightforward, so you can focus on moving forward. We are your trusted personal injury lawyers in Scotland, with offices in:
Our expert team is committed to simplifying the claims process for our clients. We take the hassle from you and fight to secure the maximum level of compensation.
Trusted Specialist Fatal Injury Solicitors in Scotland
When you claim for fatal injury, you can ensure that the negligent party is held legally and financially responsible and protect your financial future. Our fatal car accident lawyers can help make this settlement easier to manage. Our expertise in personal injury covers a wide variety of areas, including brain injury compensation, spinal injury solicitors and eye injury compensation claims.
Our expertise in personal injury covers a wide variety of areas, including:
- Accidents at work
- Public liability claims
- Road traffic accidents
- Fatal and serious injury claims
- Cases relating to abuse
We represent thousands of clients throughout Scotland each year, securing millions of pounds in compensation. We work on a no-win, no-fee basis, which means that if your claim is unsuccessful, you won’t end up out of pocket.
FAQs About Fatal Accident Solicitors
The Damages (Scotland) Act 2011 states that you qualify for compensation if you are a relative claiming for patrimonial and non-patrimonial losses.
You’re eligible to claim due to financial loss after a fatal accident if you are the deceased’s:
- Spouse or civil partner
- Former civil partner or spouse
- Parents or guardians
- Child/children (including stepchildren)
- Family member who can prove financial dependency
- Siblings (brothers, sisters, half-brothers or half-sisters)
- Grandchildren or grandparents
- Uncle or aunt
- Niece or nephew
There’s a claim known as “loss of society,” which is compensation for the personal loss of having the person in your life and is restricted to:
- The deceased’s spouse or civil partner who had been living with them
- The deceased’s parents or guardians
- The child/children of the deceased, including stepchildren
- The deceased’s siblings (brothers, sisters, half-brothers or half-sisters)
- The deceased’s grandchildren or grandparents
The Damages (Scotland) Act 2011 (the Fatal Accidents Act equivalent in Scotland) allows you to make a claim:
- For a loved one who has passed due to negligence.
- If you can prove that you were financially dependent on the deceased person.
According to the Damages (Scotland) Act 2011, the deceased’s estate can claim for:
- Financial losses that the deceased would have been able to recover themselves.
- Any continuous claims in progress until the date of death.
- The pain and suffering caused by the accident.
The estate can recover the same compensation as the deceased would have been able to, including suffering endured, personal items, etc. The monies recovered on behalf of the deceased are then divided between the beneficiaries.
As soon as possible following a fatal accident. There’s a three-year limit to raise a fatal accident claim compensation. The time limit starts from the accident date or from the date of death, if the accident was fatal. It’s important to seek legal advice to confirm the correct time limit.
However, if the fatal accident claims process has not concluded or no court action has been raised within three years, the claim may be time-barred, with some exceptions.
If the fatal accident involved a violent crime and you are claiming through the Criminal Injuries Compensation Authority (CICA), a different time limit applies. CICA claims must generally be submitted within two years of the incident. This is a separate process from a standard fatal accident claim, and the time limits are strictly applied.
Yes, if you were under the age of 16 when the accident occurred, it was someone else’s fault, and nobody has made a claim for you, you have three years to either conclude the case or have a court action raised from the date you turned 16.
You must seek advice immediately. There are certain exceptions to this rule if three years have already passed. Speak to our fatal injury solicitor team to ensure your claim is handled correctly.
To support a fatal injury compensation claim, your solicitor will typically need to obtain:
- Medical records
- Witness statements
- Police or accident reports
- Evidence of the financial losses arising from the death
In the workplace or industrial cases, health and safety reports and employment records can also be important. Watermans will guide you on exactly what evidence is needed for your specific circumstances and gather documentation on your behalf where possible.
Yes. If your loved one lost their life in an accident outside Scotland or the UK, you may still be able to pursue a fatal accident compensation claim, depending on where the accident occurred and the nationality of those involved. Cross-border cases carry additional legal complexities, and it is important to seek specialist legal advice early.
Our team has experience handling personal injury cases with international elements and can advise on whether a claim is viable.
Several factors will determine how a claim abroad is handled, including:
- Where the accident happened: The country in question will affect which legal framework applies.
- How the accident occurred: Road accidents abroad are often covered under the Motor Insurers’ Bureau arrangements, which can allow claims to be pursued here in Scotland even if the other driver was foreign.
- The nationality of those involved: If a Scottish resident dies in an accident caused by another Scottish or UK-based party, it may be possible to bring the claim in Scotland.
- Whether travel insurance was in place: This may affect the claim cost and what can be recovered and from whom, as well as your family’s overall financial stability during the process.
- Time limits: These vary significantly by country and can be considerably shorter than the three-year limit that applies in Scotland. Acting quickly is particularly important in international cases, and delay carries a real financial risk to your claim.
Every situation is different, and the rules governing which country’s courts have jurisdiction can be complex. A solicitor experienced in cross-border fatal accident cases will be able to assess your specific circumstances and advise on the most appropriate route to take.
Take the first step today. Contact our fatal injury solicitors now and let us help you secure justice and financial support for your family.
Get in touch with us
Everything we do at Watermans is about getting you the resolution you need and making that process straightforward. Start the process by sending us your details below or calling us on 0131 555 7055
Our personal injury claims expert
“Making a claim for compensation can be such a daunting process for people, so I try to make it as straightforward and easy to understand as I can for them.”
Susanne McGraw, Head of Personal Injury