Under what circumstances can compensation for fatal car accident be recovered?
The first factor in any claim for personal injury* is to show that an injury has been sustained – and a claim for compensation for fatal car accident is no different in this respect. In a regular claim for personal injury* compensation, this involves proving that the plaintiff has indeed suffered an injury with support of medical evidence; however, in the case of a fatal car crash claim, the death of the victim is, of course, relevant proof that “damage” was sustained.
The next important element is that the fatal accident must have been the result of the negligent action – or inaction – of someone who had a duty of care towards the deceased at the time of the accident. In a case involving a fatal car crash, the party held responsible would most likely be another road user.
It must be said, that if it transpires that the deceased was partially responsible for the accident, or if they contributed to their death in some way – by not wearing a seatbelt, for example – the value of compensation for fatal car accident will be reduced by the same amount as it would have been had the victim lived, to reflect their own lack of care.
Immediate relatives and dependants of the deceased can pursue a claim for fatal traffic collision, if all the essential criteria mentioned above are met. Applications for compensation should be submitted to the Injuries Board Ireland who will assess the claim and determine whether or not it is viable.
It is strongly recommended that anyone wishing to pursue a claim for a fatal car crash engages the services of an experienced solicitor. The application form for assessment to the Injuries Board does not hold adequate space to comprehensively communicate the nature to the accident and the effect the death that the accident victim has had on the lives of those dear to him or her. A solicitor would be able to include a letter in the application form to ensure that each essential element relating to the financial and other implications of the death are satisfactorily explained.
If the Injuries Board Ireland continues with the application, their assessment of the compensation for fatal traffic collision to be awarded is calculated to include all vital aspects of the claim including special damages to account for expenses – such as funeral costs – which have been incurred and the future loss of income that would have been expected. In the instance where the issue of contributory negligence or the denial of the negligent party hinders their ability to process the claim, the Injuries Board Ireland will issue an authorisation for the claim to be pursued through the court system.
It is important to note that each compensation for fatal car accident claim is unique, and therefore, it you believe that you have a viable claim, you would be well advised to speak with a specialised personal injuries* solicitor to determine what compensation you are eligible to claim.