Non Injury Related Death
In the event that a family member is pursuing a personal injury compensation claim but subsequently dies for unrelated reasons; it should still be possible to proceed with the claim on behalf of their Estate.
In such circumstances it should be possible to recover compensation for the pain and suffering they experienced up to the date of death together with any losses and expenses which arose as a direct consequence of their injury.
Where it is necessary to take over the conduct of a personal injury compensation claim in such circumstances it is most important that you establish how the claim is to be funded and also ensure that the claim does not become time barred. In England and Wales Court proceedings must be issued within three years from the date of the accident or the development of the injury should this arise through an industrial disease.
Where death arises as a direct consequence of the accident or industrial disease the three year time limit begins from the date of death or the date that the death was linked to the accident or industrial disease. On some occasions this may not occur until a post mortem report has been undertaken.
In circumstances where a family member dies for unrelated causes whilst pursuing a personal injury claim the three year time limit will begin again from the date of death providing the original claim was still within time.
The three year time limit does not apply to claims brought by children or patients being treated under the Mental Health Act 1983. In such circumstances the time limit will only start to run once a child reaches maturity at the age of 18 or a patient is no longer regarded as lacking legal capacity under the Mental Health Act. When pursuing claims for personal injury compensation through the Criminal Injuries Compensation Authority a strict two year deadline applies.
At Sintons our personal injury specialists have a wealth of experience in pursuing compensation claims arising from fatal injuries or on behalf of the Estate where an injured person has died for unrelated reasons.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.