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If I have a fatal medical claim
Establishing if you have a case for making a fatal medical negligence compensation claim involves the same process as any medical negligence case. We need to prove on the balance of probabilities (i.e. more than 50%) that the treatment your loved one received fell below the acceptable standard of care and was therefore negligent. The next step is to prove, again on the balance of probabilities, that the negligence care caused or contributed to the death.
If the death was sudden or unexpected it is reported to the coroner. If following initial investigations the coroner is unable to conclude that death was not due to natural causes, an inquest is held. The evidence and information obtained at the inquest is often very helpful in proving a fatal accident claim.
There is a three year time limit for bringing these claims which starts from the date of death. If a claim is not issued in the court within this time limit, you may be precluded from bringing a claim. However, if you are awaiting the outcome of an inquest which may be delayed, an extension to this time limit can be requested.
The value of your compensation claim will be influenced by a number of factors including financial dependency on the deceased. However, dependency may also include less tangible services including, DIY or gardening services as well as more important matters such as the loss of a mother or father’s care when she is tragically killed.