Fatal personal injury claims in Scotland
If someone you loved has been killed in an accident that was not their fault, you may be able to claim compensation under Scottish law. Fatal personal injury claims are designed to allow grieving families to gain financial assistance, to hold the responsible party to account, and gain a measure of justice.
No sum of money can change what has happened. However, a claim for compensation can make sure you are taken care of financially at your time of need. It can act as acknowledgement of your pain, suffering and loss. And it can potentially help prevent the same kind of accident happening to someone else.
Thompsons can provide the expertise and support you need to proceed with confidence, and below we explain what the process involves.
What is a fatal personal injury claim?
A fatal personal injury claim is a civil action brought by the family of a deceased individual as a result of the negligent acts of another. The law governing these claims in Scotland is found under the Damages (Scotland) Act 2011, where the eligibility to submit a claim, the appropriate damages to be awarded, and the manner in which they should be calculated are set out.
Imagine that your partner was killed in a road traffic incident as a result of reckless driving. Or that a relative was killed at work because their employer failed to provide a safe working environment. In both these situations, the law may permit you to make a fatal personal injury claim. With expert solicitors who are experienced in Scottish personal injury law and the unique way fatal claims are approached in Scotland, you are more likely to receive appropriate compensation.
Who can make a fatal personal injury claim in Scotland?
The Damages (Scotland) Act 2011 gives a broader range of family members the right to claim than the equivalent legislation in England and Wales. You may be eligible if you are:
- The spouse or civil partner of the person who died
- A cohabiting partner who was living with the deceased in a relationship immediately before the death
- A parent of the deceased
- A child of the deceased
- A sibling
- A grandparent or grandchild
- Anyone who was accepted by the deceased as a child of their family
The executor of the deceased's estate may also initiate a separate claim for any damages accumulated in the period between the date of injury and the date of death. This applies to any pain suffered by the individual prior to their death.
If you have lost a close family member in an accident that was someone else's fault, we can give you free legal advice and let you know whether you have a case. There is no obligation to proceed.
What compensation can you claim for a fatal injury?
All fatal personal injury claims are unique, and compensation will vary considerably depending on the individual case. The Damages (Scotland) Act 2011 provides a number of distinct heads of loss:
- Loss of support: For members of the deceased's family who relied on the deceased's financial support. This is the level of income and support they would have had if the deceased had survived.
- Grief and bereavement: Scotland does not have a fixed bereavement award (at present £15,120 in England and Wales). The court looks at grief damages on a case-by-case basis, which can work to a claimant's advantage.
- Loss of personal services: The household services formerly supplied by the deceased. Childcare, cooking, housework, gardening, decorating, ferrying children to school. These have a monetary value, and compensation is made for their loss.
- Funeral expenses: Reasonable funeral charges and expenses are able to be recovered.
- Pain and suffering: An estate can claim for the pain and suffering endured by the deceased if they survived for any time, and also claim for financial loss suffered before death.
The court will also consider medical costs, costs of care and rehabilitation, specialist equipment, adaptations to property, loss of capacity, and the lasting financial effects of lost wages and dependency. If the deceased was partly to blame for the accident, this is also considered.
Thompsons' online compensation calculator can give you an idea of what your claim might be worth.
Types of fatal accidents we handle
We have supported thousands of bereaved families across Scotland. Our fatal personal injury work spans a wide range of circumstances including:
- Fatal road traffic accidents: Collisions involving cars, motorcycles, cyclists and pedestrians where another road user drove dangerously or carelessly
- Fatal accidents at work: Falls from height, moving machinery, hazardous substance exposure, and other failures by an employer to maintain safe conditions
- Fatal medical negligence: Misdiagnosis, delayed treatment, surgical mistakes, or breakdowns in hospital care that cost someone their life
- Fatal industrial disease: Deaths caused by long-term exposure to harmful substances at work, including asbestos-related conditions
- Fatal accidents in public places: Incidents where a property owner or local authority allowed dangerous conditions to persist
We often file claims against hospital trusts, international employers, public bodies, car insurers and holiday agents. These defendants are usually well-funded, and you may be worried about confronting them. You don't need to. We will deal with all the negotiations on your behalf. You will not be alone.
The fatal injury claims process
Fatal injury claims are high stakes and high value. It is important that you only go through this process with an experienced, regulated solicitor acting on your behalf.
Claiming compensation is never an end in itself. It is part of a process that should help you achieve justice, a fair settlement, and access to the best possible support for your family going forward.
At Thompsons in Scotland, we look after our clients' physical, mental and emotional as well as financial needs, and those of their families. When we are instructed, in addition to advising on the claim itself, we can advise on the wider issues of how you can access every possible benefit and assistance that is available to you. We adhere to the APIL (Association of Personal Injury Lawyers) Best Practice Guide to Rehabilitation.
A key initial consideration is whether an interim payment would be feasible. If a family loses its breadwinner, the resulting financial strain can be felt instantly and intensely. We seek to achieve an interim payment which is money released prior to the conclusion of the claim, and will do so where appropriate and feasible.
The process is about collecting the evidence, identifying the liable parties, and preparing a case for the full financial loss suffered. Thompsons Scotland have a history of dealing with lengthy defence tactics from large organisations, in order to win the maximum compensation for their clients' families. Sometimes it can be concluded within six to 12 months when all parties agree early on who was responsible and what the value will be; other times the dispute can take longer. We seek to achieve the best results as early as possible.
No win, no fee
We have a No Win, No Fee agreement. This means that before you start any proceedings, you will know whether you will have to pay any legal fees at the conclusion of your case. If we are unsuccessful, you will not have to pay anything. Thompsons has a success rate of over 90%. We set the costs out clearly from the start meaning there are no hidden costs. In successful cases, the responsible party is liable to pay many of the costs. Our fees are capped at an agreed rate.
Fatal Accident Inquiries in Scotland
When someone has died at work, was under legal custody, or has died in circumstances the Lord Advocate considers to be in the public interest, a Fatal Accident Inquiry (FAI) can be held. This is the Scottish equivalent of a coroner's inquest in England and Wales. Thompsons has considerable experience representing families at FAIs.
The FAI will not decide civil liability and it will not tell you who was "to blame". However, the evidence from it can be very useful in a later compensation action. We can act for you at the FAI and pursue your civil claim at the same time.
Time limits for fatal personal injury claims
Normally there is a three-year time limit from the date of death for you to make a fatal personal injury claim in Scotland. This time limit is provided for by the Prescription and Limitation (Scotland) Act 1973.
Where the cause of death did not become clear until much later, for example, an industrial disease that took years to develop, the three-year limitation clock may not start running until you become aware that the death was caused by negligence.
We understand that the months following a bereavement can be very trying. The last thing you want to be thinking about is legal action, and this is natural. However, we would suggest that you contact us as soon as you are able so that there is sufficient time to build your case and collect any relevant evidence needed for the claim.
Should you make a fatal personal injury claim?
It is a question many bereaved families wrestle with. Some worry about the emotional toll of revisiting a traumatic event, or feel uncomfortable about the idea of claiming money after a death. These are natural concerns, and we take them seriously.
But there are strong reasons to consider a claim:
- Preventing similar incidents: Holding someone to account through the legal system can lead to real changes. Employers review their safety procedures. Medical teams examine what went wrong. Roads get safer.
- Seeking justice: For many families, the claim is the only mechanism that forces the responsible party to face up to what happened.
- Securing your family's future: If the person who died was supporting you financially, compensation may be the difference between coping and genuine hardship.
To claim compensation is a civil right. We at Thompsons have been handling this type of work for a number of decades, and our task is to ensure the process is as simple and humane as possible. No Win, No Fee means you have nothing to lose financially if your claim is unsuccessful.
Frequently asked questions about fatal injury claims
Start your fatal injury claim today
If you have been bereaved through an accident in Scotland, we are here when you are ready to start talking. Call us, email us, or complete our online form and we will let you know if your case is likely to be successful.
We can explain and guide you through all aspects: whether you have a potentially successful fatal personal injury claim, what the process involves, what compensation your family could be awarded, whether you are eligible for No Win, No Fee, a rough idea of the time frame involved, and whether it is worth accepting any early offer of settlement from an insurance company.
Over decades of representing bereaved families, Thompsons has earned a reputation we are proud of. We have never acted for defenders in personal injury cases, and we never will.
Thompsons Scotland covers the whole country. We have offices in Glasgow, Edinburgh, and Dundee, with many places in between.
We understand how traumatic this can be. But there is a legal entitlement to compensation for bereaved families, and you can be confident that if you come to Thompsons, we will treat you with care and professionalism every step of the way. To find out if you can claim, call us now.
