CLAIMING FOR FATAL INJURY

You may have grounds for a fatal injury claim if your loved one experienced:

• Rapid, unexplained deterioration that wasn’t properly investigated
• Symptoms or concerns that were dismissed or ignored by medical staff
• Delays in receiving emergency treatment or specialist care
• Lack of appropriate monitoring or follow-up after procedures
• Contradictory information or explanations from healthcare providers
• Missing, incomplete, or altered medical records
• Failure to escalate serious concerns to senior staff
• Inadequate response to medical emergencies
• Discharge from hospital despite serious ongoing symptoms
• Poor communication about treatment risks or options

Being aware of these warning signs can help you understand whether medical negligence may have contributed to your loved one’s death.

The impact of losing someone due to medical negligence extends far beyond grief.

Families experience emotional devastation, the loss of companionship and support, and often face significant financial hardship, particularly when the deceased was the main earner or provided essential care. The psychological impact can include trauma, depression, anxiety, and the profound struggle of coping with a loss that should have been prevented.

Compensation for fatal injury claims is calculated based on how the loss has impacted you and your family. This includes bereavement damages, which provide a statutory award for the grief and loss suffered by immediate family members.

You can also claim dependency damages to cover financial losses such as loss of financial support your loved one would have provided, loss of services and care they contributed to the household, funeral expenses, loss of inheritance that would have been received, care costs for dependents and travel expenses related to pursuing the claim.

Every case is unique, so the compensation amount varies significantly depending on your loved one’s age and earning capacity, the level of financial dependency, the number of dependents and the specific circumstances of their death.

Generally, you have three years from the date of death to make a fatal injury claim.

In some circumstances, the time limit may run from when you became aware that negligence may have caused the death. It’s best to seek legal advice as soon as possible to ensure your claim is handled promptly and evidence is preserved.

Every case is unique, and our approach is tailored to your specific circumstances. We work with leading medical experts to thoroughly investigate what happened and establish whether the care your loved one received fell below acceptable standards.

OUR APPROACH INCLUDES:

• Obtaining and reviewing all relevant medical records, emergency department notes, and surgical records
• Consulting with independent medical specialists in the relevant field
• Establishing a detailed timeline of your loved one’s care and treatment
• Identifying where the standard of care was breached
• Securing expert medical evidence to support your claim
• Reviewing post-mortem reports and coroner’s findings if available
• Assessing whether the death could have been prevented with proper care
• Providing compassionate support throughout this difficult process

Upon death if there is a will, the claim can be brought by the Executor. A grant of deed of probate will need to be applied for. If no Will exists, then the most suitable person, usually the next of kind will need to be appointed as a Personal Representative and apply for Letters of administration.

We can refer you to our specialist Wills and Estate Management team to guide you through that process.