Accidents Resulting in Death

Losing a loved one in a tragic accident is devastating, and pursuing legal action may be daunting. At HOMS Assist, we specialise in helping dependents secure the compensation they need. Our solicitors are here to guide you through the process with professionalism and empathy.


Bereavement Support

While no compensation can replace the loss of a loved one, claims for fatal accidents can alleviate financial burdens on dependents following a tragic event.


Understanding Inquests

An inquest is a public inquiry, usually held in a courthouse, that investigates the circumstances of an unexplained or violent death. Led by the Coroner, and sometimes involving a jury, it determines the cause of death but not legal liability. Attendance isn’t compulsory for families, but legal representation can be beneficial if pursuing further action. It usually is not necessary if a post-mortem examination of the body can explain the cause of death. Section 17 of the Coroners Act 1962 covers the legal provisions for inquests.

At least six weeks must elapse after a death before an inquest can be held. Witnesses may need to attend to testify on the circumstances and cause of the death. If a jury is present, they will deliver the verdict (not the Coroner). Jury service at an inquest is obligatory and a verdict is reached via a majority. Guilt or innocence is not established at an inquest, and no criminal or civil liability is determined.

Verdicts that can be declared by the Coroner or jury include:

  • Accidental death
  • Misadventure
  • Suicide
  • Open verdict
  • Natural causes
  • Unlawful killing

Claiming After a Fatal Accident

Road Accident

If your loved one was a victim of a fatal road accident due to another’s negligence, you may be entitled to file a claim against the responsible party. Only one claim is permitted on behalf of all dependents, as per the Civil Liability Act 1961.

Workplace Accidents

Should a fatality occur at work, you have two years from the date of death to file a claim. In cases of contributory negligence, the compensation may be adjusted. Success depends on financial dependency on the deceased and emotional impact suffered.

Accident Abroad

Losing someone in an overseas incident is traumatising. We help you seek justice and secure compensation for associated costs, ensuring accountability for the negligent parties involved.

It is difficult to know where to turn in a situation like this, but a personal injury solicitor can provide guidance. They will treat you with the utmost sensitivity and ensure that wrongdoers will be held to account if the fatal accident abroad was caused by the actions or negligence of another party.


What is the process of bringing a claim?

In initiate a claim, you must submit it to the Personal Injuries Assessment Board, which has recently changed it’s name to the Personal Injures Resolution Board. Our team will handle the details, ensuring a thorough approach to your case.


Eligible Claimants

Next of kin eligible to claim include the deceased’s spouse, children, civil partner, and extended family, depending on the relationship and dependency level.


What can you claim for?

A fatal injury claim includes several headings, and we can advise you on these. In general, they are as follows:

  • Solatium Fee: Distributed among the next of kin
  • Financial Loss: Covers future earnings lost due to the death
  • Childcare Costs: If applicable, related to deceased’s childcare responsibilities
  • Loss of Services: Compensation for any services the deceased provided

Contact Us Today

With over 50 years of experience, HOMS Assist offers compassionate and expert legal support nationwide. Contact us to discuss your circumstances confidentially.

Reach out to us today, and our dedicated team will guide you every step of the way. Secure the support and justice your family deserves with HOMS Assist.

Get in touch

Nationwide services with dedicated offices in

Dublin

2-4 Ely Place, Dublin 2, D02 FR58

Limerick

Bishopsgate, Henry Street, Limerick, V94 K5R6

Cork

1A South Mall, Cork, T12 PV44

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We are an award winning, client-oriented law firm in Dublin, Limerick and Cork. Our solicitors provide comprehensive legal advice in an approachable and caring manner. Most of us will require a solicitor at some time in our lives. When the time comes that you do require legal support you will want to be sure that you are dealing with professionals who will work quickly and efficiently to help you. So whether you need help writing a Will, you have been in an accident, suffered an injury or illness that was not your fault, or you are looking at divorce options, we can offer clear guidance and representation to assist you in obtaining the optimum result.

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