What happens to a claim when the claimant dies?
The Brain Injury Department at Bolt Burdon Kemp collectively has more than 35 years of experience working closely with clients who have sustained life-changing brain injuries.
Working on these cases is extremely rewarding; not only when we achieve the best outcomes through litigation, but also because we connect claimants with the right people to support their recovery. This includes addressing immediate needs at a crucial time when medical treatment and rehabilitation can be most effective.
We work for clients with the most severe brain injuries and despite many moments of celebration throughout a case, there are times when the worst occurs and the client passes away.
What happens if the claimant passes away during the claim?
Adjusting to life after losing a loved one is extremely difficult. While we understand a claim cannot bring that person back, a successful fatality claim can provide the deceased’s family with future financial stability. More importantly, it can offer answers and closure.
There are several legal issues to consider and steps to take for the client’s estate and/or dependants to continue with the case. These steps include obtaining a Grant of Probate or letters of administration (if there is no Will) and amending the contractual funding agreement so that it is now with the executor of the client’s estate or their dependants.
In order to bring a successful claim for compensation, the claimant must prove the defendant was negligent. This might mean proving another car driver drove negligently or an employer wrongly exposed the person who died to a dangerous situation.
If there is a possibility of proving someone has been negligent there are various legal routes the deceased’s family can pursue to obtain compensation.
How can the deceased’s family claim compensation?
There are two main kinds of claim a family or those left behind can bring:
- A claim brought on behalf of the person who has died (the ‘deceased’s estate), or
- Claims made in their own right by family and dependants left behind.
A limited number of close relatives can also claim for their bereavement. The award is a fixed statutory payment of £15,120 and can only be claimed by:
- The wife, husband or civil partner of the deceased;
- The deceased’s partner, if cohabiting for two years or more;
- Parents, where the deceased is a ‘legitimate’ minor; or
- A mother, where the deceased is ‘not a legitimate’ minor.
What is an estate claim?
The deceased’s estate is the property and assets they left behind when they died. If at the time of their death they had a claim for compensation, then that right to claim forms part of the estate.
The estate claim consists of the following heads of loss:
- General damages – This is for the pain, suffering and loss of amenity of the deceased. This is limited to the period from when the negligence occurred to the date of death.
- Special damages – These are the financial losses incurred from when the negligence occurred to the date of death. Examples include loss of earnings, care and assistance and medical treatment.
What is a dependency claim?
Dependants of the deceased can claim for the financial support they would have received from the person who has died, including from their earnings, pension or other income. To recover this compensation, the claimant must show they had a ‘reasonable expectation’ of financial benefit from the deceased.
In addition to the loss of financial support, a claim may be made for the loss of the deceased’s services. This can include things like helping around the house, gardening, DIY and even their services as a parent.
In addition to financial dependency, claims for ‘loss of love and affection’ are also possible where the services previously provided by the deceased were over and above those that could be provided by a paid replacement such as a housekeeper or nanny.
How can we help?
At Bolt Burdon Kemp we pride ourselves on providing support to help claimants and their families from the moment they instruct us. We provide practical help and support including assisting with welfare benefits applications and negotiating with creditors and service suppliers to seek payment holidays or more manageable payment terms.
We hope to reduce stress and provide stability so that claimants can concentrate on their recovery. And this support doesn’t end if a client sadly dies during litigation.
A claim can never bring back a loved one, but it can help to bring closure and financial security for you and your family.
At Bolt Burdon Kemp, we have a team of professional and compassionate lawyers who have helped bereaved clients obtain the compensation they are entitled to following a variety of fatal accidents or as a result of clinical negligence.
If you would like to see whether Bolt Burdon Kemp can assist with a fatality claim or a life changing brain injury claim, please do get in contact.
