Can I claim for bereavement?
1 April 2019 by Rhian Lowe
Can I claim for bereavement? Unfortunately there are a lot of people who lose loved ones as a result of someone else’s negligence. Coping with this loss can be extremely difficult and it can be even harder to overcome; especially if that death was avoidable.
You may be entitled to claim from the bereavement award if a loved one is killed as a result of someone else’s negligence. Unfortunately the current criteria for claiming bereavement in England and Wales is very restrictive; also, the award itself is extremely low and is in desperate need of change.
The amount awarded is set by statute and is currently £12,890. The low figure is not the only issue. The criteria for who can claim is also restrictive. Under this criteria children cannot claim for the death of their parents; this also excludes grandparents, siblings and parents whose child was over the age of 18.
Whilst the bereavement award is set by statue there is another type of claim that can be made alongside it called a dependency claim, which is less restrictive. The dependency claim provides an independent cause of action for near relatives of the deceased who have been deprived of the deceased support or services. It was the dependency aspect of the claim that allowed us to value a client’s claim at £150,000; as opposed to the small amount of £12,890.
It’s a very difficult area of law, and the assessment of this head of claim can be extremely complicated. It also comes at a time of great upset; so it is vital that you seek independent advice from a solicitor that specialises in this area.
Contact Rhian Lowe at Fisher Jones Greenwood for a free, no obligation consultation – call 01206 700113 or email [email protected].
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