Search site
Call our office
Make an enquiry
Fatal Injury Claims
Our Resolve. Your Resolution.
Fatal claims arising after the wrongful death of a family member or loved one require specialist handling to ensure that families are supported throughout the claims process, including coroners inquests if appropriate.
We understand that bringing a claim in these circumstances is not just about compensation, it is also to obtain justice for the person who has died and get answers about what went wrong and why.
We are experienced in bringing claims against the NHS or medical professionals for failings in care which resulted in death when this otherwise would have been avoided.
We are always available to discuss your particular circumstance and provide free and practical advice about how we can best assist you with a claim.
Making a legal claim should not add to the burden of loss and we strive to ensure the claims process is dealt with efficiently and compassionately. We pride ourselves on offering a personal and professional service tailored to you.
What our clients say
Why choose Harrowells?
We are committed to helping you move forward with your life by drawing on our considerable expertise in supporting complex medical negligence and serious injury claims.
We understand that a claim is much more than process and evidence. It is a journey where we need to provide guidance and support at every stage.
You may feel wary and confused in the immediate aftermath of your injury. We can bring clarity about your options and next steps with clear, practical explanations.
We have a track record of securing successful outcomes because we take care to marshal specialist legal and medical expertise appropriate to your situation.
Delayed or missed diagnosis, such as:
The Fatal Accidents Act 1976 lists the people who are legally eligible to bring a claim on behalf of a loved one who has died as a result of an accident:
Compensation can be claimed for:
If negligent treatment led to the death of someone close to you, you may be able to seek compensation to address the financial impact they have had on you.
For a medical negligence claim to succeed, two things generally have to be proven:
To begin with, the medical care must have fallen below a reasonable standard. This may include situations where:
We keep the merits of the claim under review from start to finish, so any issues about liability or a potential resolution can be identified and explained without delay. By providing clear updates throughout, we help you make informed decisions about the direction of the case.
Compensation is intended to put you back, as far as possible, in the position you would have occupied if the negligence had not occurred. In practice, this may mean compensation for previous and future financial losses.
Anyone thinking about a fatal injury claim should begin by contacting specialist solicitors for an initial assessment. Because the advice is based on your own circumstances, you can consider your options properly before deciding what to do next.
As soon as you formally instruct a solicitor, they will start the pre-action investigation stage. During this part of the process, evidence is gathered to support issues such as liability, and causation.
When that evidence is complete, attempts can be made to reach agreement on liability and compensation with the defendant’s representatives.
If a settlement cannot be reached through negotiation, we will then consider issuing court proceedings.
We offer ‘no win, no fee’ funding for medical negligence claims, so you can seek compensation for your injury and losses without facing the same level of financial uncertainty. These arrangements, formally known as Conditional Fee Agreements, are intended to remove much of the risk associated with bringing a claim. If the claim is unsuccessful, there will be nothing to pay towards our fees. You can find further information about funding in the Frequently Asked Questions below.
Pursuing a fatal injury claim is often a difficult choice, particularly where you feel you have already been badly let down by treatment or care or care of a loved one; that background can make it harder to engage with another professional for help.
Your representative should give you confidence in the process, offer straightforward advice and manage the claim with openness and efficiency.
We understand that you may wish to put the experience behind you quickly and that the legal process can seem daunting. A good solicitor will carry the weight of the claim for you, so that your attention can remain on your recovery.
The Claims Process
Free, no obligation initial assessment of your claim and funding options
Speak with our experts so that we can better understand your current situation and assess the legal basis for resolving your claim, likely prospects of success, and options for funding your case from the outset. We will provide guidance and support from the outset.
Detailed preparation of your claim by legal and medical experts
We gather together the evidence from a range of sources including your medical records and treatment history, information about any financial loss or other impacts, together with input from independent medical specialists who are experts in their particular field.
Engage with the defendant’s lawyers
With evidence in hand and having kept you fully informed about case progress and intended approach, we engage with the defendant’s lawyers to focus on the key issues, evidence and legal arguments most likely to yield a successful outcome for you.
Valuing your claim and negotiating with the defendant
If we are satisfied that the medical evidence is supportive of your claim, we will use this to value your claim. We will enter negotiations with the defendant and support will be given throughout to provide you with the confidence to give instructions on any settlement.
Settlement or court proceedings
Upon settlement, your compensation will be paid to us, and we will release your payment to you. Sometimes court proceedings may be necessary; we ensure your case is presented clearly and compassionately so that the full impact is fully appreciated by the court.
Compensation and support
Resolution is not simply about compensation but also about building a package of ongoing support for you and for your loved ones. We work closely with rehabilitation professionals who can assist you following resolution of your claim.
FAQs
How long does a fatal injury claim take?
The length of a claim varies. It will often depend on how quickly independent experts can provide opinions, whether liability is contested and how willing the defendant is to negotiate. Claims are pursued under the Civil Procedure Rules and the protocol for clinical disputes, which seeks to encourage settlement without court proceedings if possible.
Claims involving complicated medical issues generally take longer because they require fuller investigation and expert input.
One important date is the 3-year limitation period. In most cases, this runs from the treatment complained of or from the date when you first knew that negligence may have caused your injury.
Do you offer no win no fee for fatal injury claims?
We may be able to offer a Conditional Fee Agreement if we conclude your claim has prospects of success exceeding 50%. This is the arrangement often described as no win, no fee. If your claim succeeds, our fees are usually recovered from the defendant. If it does not, those fees are generally written off.
If you win, a success fee and any part of our costs that cannot be recovered from the defendant may be deducted from your damages.
Separate expenses such as expert reports and court fees will still arise. Because those are not covered by the Conditional Fee Agreement, we will assess whether insurance should be arranged.
Our team can explain funding in more detail during a free consultation.
What evidence is needed to make a fatal injury claim?
We usually begin with relevant medical records and witness statements setting out the background to the claim.
Independent experts review those documents, and the evidence may include:
Breach of duty and causation
This report looks at whether the treatment was negligent and whether that negligence caused or contributed to the injury. It is prepared by an expert from the relevant medical discipline.
Condition and prognosis
If the initial liability evidence supports the claim, further reports are obtained to deal with your injuries, expected recovery and long-term outlook. Multiple reports may be needed depending on the nature of the harm.
We will also gather evidence of any financial losses caused by the negligence so the claim can be valued properly.
Are there time limits to bringing a fatal injury claim?
Usually, yes. The general rule under the Limitation Act 1980 is that proceedings must be issued within 3 years. If not, the claim may be out of time unless the court decides to allow it to proceed.
Examples of circumstances that may affect the time limit include:
Will I need to go to court to make a medical negligence claim?
Not always. Many medical negligence cases settle before trial, and efforts should be made to resolve the matter without court action where possible.
Still, if liability remains in dispute or agreement on compensation cannot be reached, it may be necessary to issue proceedings. The court then manages the case to a timetable, with trial as the final stage if needed.
How much compensation can I claim for fatal injury arising from medical negligence?
The amount of compensation is based on expert medical evidence.
We will also obtain evidence of financial losses, including matters such as earnings lost, treatment expenses and care requirements.
A full valuation is generally not possible at the beginning of the case because specialist evidence is required to understand all past losses and future needs.
As the claim develops, we will keep you updated about the likely compensation range.
How is compensation for fatal injury arising from medical negligence paid out?
After settlement or judgment, the defendant will normally have 14 days to send the compensation payment.
Settlement following a negligent failure to triage correctly in A&E
John Coulson acted for a young woman who collapsed in the street with acute abdominal pain. Although she was quickly taken by ambulance to hospital, there was a failure to triage her correctly in A&E, resulting in a delay in a senior level consultant...
Settlement following negligently performed hip replacement surgery
Our client, a man in his forties, underwent hip replacement surgery during which appropriate procedures were not followed. A hip replacement typically involves a prosthetic cup inserted into your hip bone, a prosthetic ball joint inserted into your femur...
Settlement following a severe shoulder injury suffered during delivery of a baby
Aimee Costello acted for the family of a baby injured during delivery. The family were concerned about the circumstances about the delivery and came to us about their concerns. We investigated the circumstances of the delivery. Following receipt of...
