At Hussey Fraser Solicitors we provide expert legal advice in a caring and empathetic manner to the families and loved ones left behind following a Fatal Injury.
For those affected by the death of a friend or a family member following the negligent actions of another person or business entity, it is our mission to help them seek answers in relation the circumstances which led to the death and where possible, seek appropriate recourse. At Hussey Fraser Solicitors we provide expert legal advice in a caring and empathetic manner to the families and loved ones left behind following a Fatal Injury.
Who can bring a claim for Fatal Injury?
When the unthinkable happens and your partner or loved one is killed as a result of an accident, through the fault of another, you have redress as next of kin.
- In legal terms Fatal Injury is governed by Part IV of the Civil Liability Act 1961 and states that it is the ‘personal representative ‘ of the deceased who can bring a claim. However, if six months have passed since death and no such representative has been put in place, any and all descendants may do so.
- In essence the act provides that a ‘dependant’ who has suffered injury or mental distress as a result of the death can bring a claim or damages where the death was caused by a wrongful act, neglect or default of another.
- Dependants include any member of the family of the deceased including their spouse, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister.
- Regardless of who brings a claim for fatal injury, any recourse sought can only be for and on behalf of the dependents of the deceased.
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In what circumstances can I claim for Fatal Injury?
Any Fatal Injury or accident which results from the fault of another party may form the basis of a claim. At Hussey Fraser Solicitors we have successfully managed many cases of Fatal Injury due to the following circumstances:
- Motor Vehicle accidents
- Motorbike accidents
- Medical accidents/Negligence
- Accidents on public or private premises
- Sports Injuries
The Claims Process
We introduce you to the Personal Injury Claims Process in a straightforward and helpful manner.
The team at Hussey Fraser Solicitors understands that the Fatal Injury of a loved one can be a tragedy for the family. With effective support and expert legal advice you can start to find the answers you need and seek recourse and compensation for the suffering and losses you and your family have incurred as a result.
We are here to assist and help - to guide you through the Claims Process with care and commitment. All of our Fatal Injury cases are led by our Partner John Browne, one of the most experienced and highly regarded solicitors in the Personal Injury and Medical Negligence area.
What can a Fatal Injury Claim cover?
A claim for Fatal Injury from negligence may cover three areas of loss:
- Psychological distress - this type of recourse is intended to acknowledge the mental suffering of dependants due to a fatal accident rather than to compensate for it and and is currently capped at 35,000 euro.
- Loss of Dependency - those who were financially dependant upon the deceased may claim for loss of dependency which is determined on a case by case basis.
- Specific financial losses resulting from the fatal injury - this may cover costs including funeral expenses.
While this may help to relieve the financial burden in the short term, it will never replace a loved one. We understand that this is a very difficult time and the team at Hussey Fraser are here to help you move through the Fatal Injury Claims Process with ease.
Can I bring a Claim for Fatal Injury?
To bring a claim for Fatal Injury it needs to be demonstrated that
- Another party was negligent.
- And this negligence caused damage or injury leading to death.
- To prove the case your Solicitor will compile evidence including medical or care records, photographs, correspondence and where necessary seek expert medical opinion.
If you are unsure whether you have a valid case, why not speak to one of our Fatal Injury Solicitors who will take the time to listen to the details of what has happened and provide an honest assessment of your case.
Fatal Injury due to Medical Negligence
- A fatal injury claim due to Medical Negligence can only be brought once by a representative of the dependant of the deceased. This is to avoid competing claims being made.
- Typically, it is the personal representative who will make the claim, however, if no one is placed in the role, or if no claim is made within six months of the death, dependents may commence the claims process.
- The time between the negligent act and the death may be protracted and, in many cases, it may not be immediately apparent that an error made by a health professional led to a fatal outcome weeks, months or even years later.
- Medical errors which may lead to fatality include:
- Failure to diagnose in a timely manner
- Failure to refer a patient to a specialist
- Making an incorrect diagnosis
- Failure to control for infection or sepsis
- Negligence during surgery
- Mistakes during birth
- Prescription or administration of incorrect medication
- Failure to monitor a patient effectively
- Poor communication between medical staff
- Poor administration of anaesthesia
What is the role of the Coroner in an inquest?
- Where death is believed to have occurred as a result of unknown or uncertain causes, the Coroner is responsible for carrying out an investigation into the underlying reason.
- In addition, if death happens in hospital it must be reported to the Coroner if
- Any question of negligence or misadventure arises in relation to the treatment of the deceased
- The patient was undergoing an operation or was under the effect of an anaesthetic
- Death occurred during or as a result of any invasive procedure
- Death was due to neglect or lack of care
- Death occurred in a mental health facility
Speak to Hussey Fraser - leading Fatal Injury Claims Solicitors
Hussey Fraser, leading Medical Negligence and Personal Injury Claims Solicitor, has been successfully representing clients for the past 30 years, with a unique and specialist service making it one of the leading Fatal Injury Claims Solicitors in Ireland