Fatal Road Accident Claims *

A fatal road accident claim * is legal action taken whereby a person dies as a result of a road traffic accident.

As a result of the wrongful act of another person. Unfortunately, fatal road accidents * happen on a regular basis. The financial burden that their dependents bear thereafter can be alleviated through the fatal road accident claims * process.

Common types of fatal road accident claims *

Fatal road accidents * are most commonly caused by reckless drivers on the road. This can unfortunately lead to a fatal injury those involved. Some examples of reckless driving causing a fatal road accident * include:

Driving while talking on a mobile phone

Fatigue driving

Driving while under the influence of alcohol or drugs

Dangerous overtaking

Intercepting the path of another vehicle

Driving recklessly through a red light

Who can make a claim?

Wrongful death from a road traffic accident * occurs when a person dies in a road collision. Due to the negligence or wrongful acts of another road user. The person who brings legal proceedings forward against the person accountable is known as the dependent. Dependents typically include: Partner or former partner, Child, Parent, Brother or Sister, Aunt or Uncle, Grandparent, Grandchild, Stepmother or Stepfather, Stepbrother or Stepsister.

Case Settlement

A dependent of the deceased is only eligible to move forward with a claim if they have experienced PTSD as a result of a loved one or financial loss. This claim must be on behalf of the deceased dependents.

The legislation allows a claim to be brought under the following three headings.

Financial Loss

A financial loss can consist of a person who was financially dependent on the deceased and may suffer financial losses as a result of their death. The focus is on the person making the fatal road accident claim * to prove the financial loss that they and each of the dependents suffered. Actuarial calculations may be necessary as this evidence is presented by showing how much they would have received if the deceased had lived.

Mental Distress

The amount awarded to dependents of a deceased person for mental stress following a fatal road accident * is known as solatium. The maximum amount for this aspect of a fatal injury claim is €35,000. The solatium claimed is intended as an acknowledgement of grief rather than any attempt to compensate for it. Along with this figure added financial dependency loss into the future would be included.

Funeral Expenses

Funeral expenses can include the usual costs of burial/cremation and a headstone. Other expenses that can be included are the costs of acknowledgement cards, travelling expenses and any related expenses incurred.

Making a claim *

The legal representative of the deceased has a period of 2 years from the date of death to bring forward legal proceedings following the road accident. A fatal road accident claim * is most commonly brought forward to protect the name and reputation of the deceased. If the deceased person is found to have contributed to their death there will be a deduction for that factor of contributory negligence.

The losses suffered by the financial dependent of the deceased as a result of the fatal road accident * are evaluated under the following headings:

Losses of services provided by the deceased,

Loss of financial dependency since the road accident,

Loss of future dependency prior to retirement,

Accelerated value of deductible assets passing on death.

Loss of future financial dependency after retirement,

Depending on the case, the court may decide to instruct the offender to pay you a certain amount for the ordeal you had to go through.

We understand that this is a very difficult time and are here to help you move through the fatal accident claim process with ease. Should you wish to discuss, feel free to contact our team of personal injury solicitors * for further information making a claim.

For a confidential discussion, please call Tracey Solicitors on 01 649 9900 . Or email ask@traceysolicitors.ie and to tell us about your case.

 We give legal advices in Russian. If you need legal help contact Emilia 087 165 1564

Tracey Solicitors
16/17 St. Andrew Street
Dublin 2

T: 01 649 9900 – Reception
T: 087 165 1564 – Russian

W: https://www.traceysolicitors.ie/en/multilingual-legal-services/russian/
W: https://www.traceysolicitors.ie/en/

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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