Losing a loved one in an accident is devastating. The grief is often made worse when the death could have been prevented. Families are left with emotional pain, unanswered questions and, in many cases, financial hardship. When negligence or carelessness causes a fatal accident, the law allows relatives to seek justice through a wrongful death claim.
In Radcliffe-on-Trent and across the UK, these claims are designed to provide both accountability and financial support for those left behind. Understanding how the process works can help families take action at a time when life feels overwhelming.
What is a wrongful death claim?
A wrongful death claim arises when someone dies because of another party’s negligence, mistake or deliberate act. It can happen in many settings, including road accidents, workplace incidents, medical negligence or even accidents in public spaces.
Unlike criminal proceedings, a wrongful death claim is a civil action. The purpose is not to punish but to compensate the deceased’s family for their loss. Compensation helps cover financial pressures such as funeral costs, lost income and emotional suffering.
When can a claim be made?
You may have a valid wrongful death claim if:
- The death was caused by someone else’s negligence or breach of duty
- The person who died would have been entitled to make a personal injury claim had they survived
- You are a close relative or dependant of the deceased
For example, fatal workplace accidents often involve failures to follow health and safety rules, provide training, or maintain equipment. Road deaths may result from careless driving, while medical negligence cases can stem from delayed diagnosis or surgical errors.
If you are unsure whether negligence played a role, a solicitor can help investigate and determine whether a claim is possible.
Who can make a wrongful death claim?
The law in England and Wales gives certain people the right to claim after a fatal accident. These include:
- The spouse or civil partner of the deceased
- Children, stepchildren or adopted children
- Parents or guardians
- Other financial dependents, such as long-term partners or those being supported financially
In most cases, a claim is brought by the executor or administrator of the deceased’s estate on behalf of the family. If no one has been appointed, close relatives can still start the process.
Common causes of wrongful death claims
Fatal accidents can happen in many circumstances, but some of the most common include:
Workplace accidents: Failures in safety procedures, lack of training, or faulty equipment can lead to fatal injuries. Employers have a legal duty under the Health and Safety at Work Act 1974 to protect employees.
Road traffic accidents: Drivers who are speeding, distracted or under the influence can cause devastating collisions. Pedestrians, cyclists and motorcyclists are often the most vulnerable.
Medical negligence: Fatal mistakes in diagnosis, surgery or medication can lead to avoidable deaths. Hospitals and GPs have strict professional duties to provide safe care.
Public accidents: Fatalities can occur in shops, public buildings or other spaces if hazards are not managed properly.
Each of these situations can form the basis of a claim if negligence is proven.
What compensation can cover
Compensation in a wrongful death claim cannot replace a loved one, but it can ease the financial strain that often follows. It usually includes several parts:
- General damages: For the pain and suffering the deceased experienced before death, if any.
- Dependency claim: For financial support that the family has lost, including the deceased’s income and benefits.
- Funeral and associated expenses: Covering funeral arrangements, burial or cremation, and related costs.
- Bereavement award: A fixed statutory amount (currently £15,120 in England) available to certain close relatives such as a spouse, civil partner or parents of a deceased child.
A solicitor will calculate the claim carefully to reflect both the emotional and financial impact of the death on your family.
How to start a wrongful death claim
Taking legal action while grieving can feel daunting, but the process is designed to be as supportive as possible. A solicitor will guide you through each step and handle the formalities on your behalf.
- Initial consultation: You will meet with a solicitor to discuss what happened and assess whether negligence occurred.
- Investigation: Evidence will be collected, such as medical reports, accident records, witness statements and expert opinions.
- Claim submission: The solicitor will contact the responsible party or their insurer with details of the claim.
- Negotiation: Most cases are resolved through settlement rather than court, but if necessary, your solicitor can represent you in legal proceedings.
At Marley Solicitors, all wrongful death claims are handled with sensitivity and professionalism. We work on a no win, no fee basis, meaning you will not have to pay legal fees unless your case is successful.
How long do you have to make a claim?
In most cases, you have three years from the date of death to start a claim. However, exceptions may apply if the cause of death was not immediately clear, such as in cases involving medical negligence. In those situations, the time limit starts from the date you first became aware that negligence may have been a factor.
It is best to seek legal advice as soon as possible so evidence can be gathered while memories and records are still fresh.
Proving negligence
Proving negligence is key to a successful claim. Your solicitor will need to show that:
- The responsible party owed a duty of care to the deceased.
- That duty was breached through carelessness, inaction or error.
- The breach directly caused the death or contributed to it.
This is done through expert analysis, documentation and witness evidence. Skilled solicitors understand how to build strong cases even in complex or disputed situations.
The emotional side of wrongful death claims
While financial compensation is important, many families pursue claims for emotional reasons. Legal action helps establish the truth and hold those responsible accountable. It can also encourage changes that prevent similar tragedies from happening to others.
Solicitors who specialise in wrongful death cases know that compassion and clarity are just as vital as legal skill. They will take the time to listen to your story, explain every step clearly and move at a pace that feels right for you.
Why local support matters
Choosing a local firm like Marley Solicitors in Radcliffe-on-Trent means your case is handled by people who understand your community and its courts. Our local knowledge and hands-on approach make communication easier and the process more personal. You will work directly with an experienced solicitor who genuinely cares about achieving justice for your family.
Taking the first step toward justice
If you have lost someone due to an avoidable accident, you should not have to face the aftermath alone. Compensation cannot replace your loved one, but it can provide stability and recognition of the injustice you have suffered.
Marley Solicitors in Radcliffe-on-Trent are here to help you understand your rights and begin the process of recovery. Speak to our caring team today for a confidential discussion about your situation. Together, we can help you move forward with dignity and peace of mind.