Fatal Claims

The death of a loved one is devastating, but we can help you get answers about what happened during their medical treatment that caused their death, find out why it happened and seek compensation to ease financial burdens.

We might be able to help you if you are the spouse, civil partner or dependant of someone who died because of:
  • Mistakes in surgery or medical treatment
  • A delayed diagnosis or delayed treatment for their condition
  • Post-surgery complications
  • Serious prescription errors
  • Mismanagement of pregnancy and /or labour and /or birth leading to maternal death, stillbirth or early neonatal death

Inquest representation

A coroner must hold an Inquest if the cause of death is still unknown. Sometimes when deaths occur in unusual or unclear circumstances, an Inquest will be held to establish the facts around the death. Our team can represent you at Inquests, to help guide you through proceedings and to make sure your voice is heard.

Is there a Will?

If the person who died has left a Will, the Executor will have the right to pursue a claim on behalf of the deceased’s estate. It may be necessary to obtain a Grant of Probate if the claim progresses

If no Will has been made, and the deceased died intestate, Letters of Administration will need to be obtained and a claim can be advanced by the person named in those Letters of Administration.

We will provide advice on when to obtain either a Grant of Probate or Letters of Administration and whether these are necessary in your case, and we can also help with the legal work involved.

Who can bring a claim if there has been fatal medical treatment?

A claim following the death of a loved one has died as a result of medical negligence can be pursued by a ‘dependent’ of the person who died.

  • Dependents can include the following:
  • The husband or wife or civil partner of the deceased
  • In limited circumstances, a former spouse or civil partner of the deceased
  • A cohabitee of the deceased (who had been living with the deceased for at least two years immediately prior to death as if husband and wife or civil partners)
  • A child of the deceased
  • A parent of the deceased
  • A brother, sister, aunt, uncle, niece, nephew, cousin or grandparent of the deceased
  • Any other person who was considered by the deceased as a child of the family. 

In addition, the executors can bring a claim on behalf of the deceased’s Estate for injury or losses incurred by the deceased prior to death, and for any expenses falling upon the Estate which arise from the death.

Funding

We can accept fatal medical negligence cases on a No Win No Fee basis [link to funding page] so you won’t have to worry about paying legal costs until after your claim has finished, and even then, only if your claim is successful.

Call our specialist and friendly team on 0345 2410 154 or use the contact form and we’ll call you back.

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