Our skilled inquest lawyers have substantial experience in supporting those whose loved ones have tragically died as a result of medical negligence.
A fatal claim is a claim for when someone has died as a consequence of negligence. The sudden and unexpected loss of a loved one can often be compounded by the requirement of an inquest or review into what has happened.
Under any circumstances, losing a loved one is an extremely difficult time that can leave us feeling lost. However, dealing with the death of a loved one that was caused by medical negligence can leave you feeling confused, angry and betrayed – especially as their death could have potentially been avoided.
If one of your loved ones has died due to medical negligence, we understand that you may be left suffering emotionally and financially and longing for answers. You may understandably be feeling as though your loved one’s death could have been avoided had they received the right medical care.
At Ashtons Legal, we are often contacted by people who know someone who has died as a direct result of negligent medical care and are unsure of what steps they need to take. When instructed, our fatal medical negligence solicitors take a compassionate and empathetic approach to these matters while also advising on the practical steps needed to secure the maximum available compensation. This can often take away much of the burden that those feel as they try to reconcile their grief whilst also navigating the processes they find themselves in.
We understand that receiving compensation will not turn back time, nor will it make your loss any less painful. However, compensation can eliminate the financial burden that may have been placed on you as a result of negligent care and ensure your future needs are met.
Our fatal medical negligence solicitors can offer you:
- Free initial consultation on your claim
- No win, no fee funding
- A negotiation-led approach that means most claims are settled out of court
- Independently accredited expertise you can trust
- A very high track record of successful claims
- A sensitive, personal service to support you during this difficult time
- If relevant, legal representation at an inquest.
Contact Our Fatal Medical Negligence Solicitors
To make a fatal medical negligence claim, please get in touch with our experienced fatal medical negligence solicitors. You will be offered a free initial consultation to discuss the details of your claim and learn more about how we can help.
If you have an enquiry regarding a fatal medical negligence claim, please call us on 0330 191 4574, email enquiries@ashtonslegal.co.uk or fill in the enquiry form on the right-hand side of the page, and one of our specialists will be in touch. In the meantime, you might also find our medical negligence FAQs of assistance.
Ashtons Legal Medical Negligence team
Ashtons’ specialist medical negligence solicitors have extensive experience and expertise in handling a wide range of claims, including fatal medical negligence claims. We have established a firm reputation for our excellent success rates, tailoring our advice to suit the unique complexities of every case.
When you instruct our medical negligence solicitors, you will receive the benefit of working alongside compassionate and skilled legal professionals with specialist accreditations. Senior members of our team are recognised by APIL as either Senior Fellows or Senior Litigators, and they are on the Law Society Clinical Negligence panel.
Sharon Allison, our Head of Medical Negligence, also belongs to the AvMA Clinical Negligence Panel.
Fatal Medical Negligence Case Studies
- Six-figure settlement for widow whose husband died following delays in diagnosis of chondrosarcoma
- £785,000 obtained for widow and three children following death of husband after failures in post neurosurgery care
How to Make a Fatal Medical Negligence Compensation Claim
Our medical negligence team at Ashtons Legal can guide you through the entire process of making a fatal medical negligence claim from start to finish. No matter what the circumstances may be, our team can take care of everything, ensuring that you do not need to go anywhere else for support.
Our fatal medical negligence claims service includes:
- Assessing your fatal claim and arranging funding via a ‘no win, no fee’ agreement
- Considering whether there are any other claimants, such as financial dependants who have a right to bring a claim.
- whether your claim relates to a breach of Human Rights
- Building your fatal medical negligence case, including access to experienced medical experts to support your claim
- Drafting and submitting a Letter of Claim to the Defendant
- Mediation or a settlement meeting to reach a settlement
- Representing you at an inquest, if required
- Representing you in Court if required
- Access to our free rehabilitation service for ongoing welfare support.
To make a fatal medical negligence claim today, get in touch with our solicitors at Ashtons Legal. Below, you can learn more about the specific processes that are involved in claiming fatal medical negligence compensation.
Our Fatal Medical Negligence Claims Service
Assessing Your Fatal Medical Negligence Claim
The first step in any fatal medical negligence claim is to assess the details of the incident that resulted in the death of your loved ones. During an initial discussion with our team, you will be able to share the details of what has happened and how you and your family have been affected.
Here, you will have the opportunity to discuss what has happened at your own pace. We know that these discussions can be upsetting, but we are here to support you. We can then carefully assess the potential merits of your claim and what your chances of success are likely to be if we were to proceed. This is where we will assess the merits of your potential claim and consider what the prospects of success will be. If we find that your claim should be investigated, we will then explain the options available to you. This includes explaining how our ‘no win, no fee’ funding agreement works.
Building Your Fatal Medical Negligence Claim
To ensure that your fatal medical negligence claim is as effective as possible, our solicitors will piece together all of the necessary evidence. Our lawyers will build your case by gathering various evidence, which will include the deceased’s medical records, we will then take a witness statement from you and anyone who is able to give a factual account of what happened. We will then obtain independent medical evidence from medical experts.
We may also represent you at an inquest and this timeline is dictated by the Coroner. We will assist you in asking relevant questions of witnesses the coroner calls as well as using the inquest to further our investigation. We will assist in making representations to the Coroner as to what possible conclusions they are able to make on your loved one’s cause of death.
Following these processes allows us to establish a comprehensive picture of exactly what happened, what mistakes were made, and how this ultimately led to the death of your loved one.
Submitting the Letter of Claim
If the evidence we gather supports a claim that had non-negligent care been afforded to your loved one and they would have survived, our team will draft a Letter of Claim and send this to the Defendant. The Letter of Claim sets out the allegations of negligence and how the death could have been avoided.
The Defendant has four months to respond to the claim and can either accept or deny the allegations.
If the Defendant admits negligence, we can then value your fatal medical negligence claim and take the next steps to agreeing on a settlement. We can also arrange for interim damages to be paid by the Defendant to meet any immediate financial needs for you and your family.
On the other hand, if the Defendant denies the allegations of negligence, we will instruct a barrister on your behalf and review the defendant’s denials in discussion with you, the medical experts and the barrister in order to assess the reasonableness of those denials and the merits of issuing court proceedings in your claim.
We will often attempt to resolve the claim on your behalf at every opportunity. Trials are rarely required but if an appropriate settlement cannot be achieved, we will support you throughout the entire process.
Mediation Processes
In certain cases where a Defendant admits their failings, our fatal medical negligence solicitors will seek to negotiate a settlement via mediation or other negotiation processes. Our team are experienced in using mediation for a range of fatal medical negligence cases and has a strong track record of achieving high levels of compensation.
Court Processes
If it is not possible to reach a settlement using mediation, we can represent you in Court. This is separate to any Coroners investigation. We have links with highly respected and knowledgeable barristers, and we can assure you that you will receive outstanding representation throughout the entire process.
Free Rehabilitation Processes
Following an instance of fatal medical negligence, you may require additional welfare support to help cope with your loss. Loss can often be sudden and leaves loved ones in a financial position they would not have otherwise found themselves. Our expert team provide a rehabilitation service that is free of charge, regardless of whether a claim is successful or not.
Fatal Medical Negligence Claims Fees
‘No Win, No Fee’ Fatal Medical Negligence Claims
We handle fatal medical negligence claims on a ‘no win, no fee’ basis. This means that you will only contribute to your legal fees if a claim is successful and you are awarded compensation.
To maintain full transparency from the outset, we will explain the level of your contribution to your fees if you win (before you sign any agreement for us to act on your behalf).
Please be assured that if your claim is unsuccessful, you will not have to pay anything towards your fees.
Frequently Asked Questions About Fatal Medical Negligence Claims
What Happens If Someone Dies Due to Medical Negligence?
If someone has died as a direct result of medical negligence, it may be possible for one of their relatives or dependants to make a compensation claim.
Prior to a claim being submitted, a thorough investigation will be carried out, and evidence will be obtained to confirm that the death was caused by medical negligence and that the errors made would not have been made by a reasonable and responsible medical professional in the same circumstances.
Can a Coroner Rule Negligence?
No, a Coroner cannot rule negligence outright.
However, their investigation can provide relevant evidence to demonstrate that negligence did take place. A coroner can also make a conclusion of neglect, where the most basic of medical care was not given.
A Coroner is there to answer: who the deceased was, when they died, where they died and how they came to die. The Coroner also has a role in public safety. If there Coroner believes that future deaths can be prevented by making changes identified in an inquest investigation, they can make a relevant order to enact change.
How Much Compensation Will I Get for a Fatal Medical Negligence Claim?
It is difficult to determine how much compensation you could receive for a fatal medical negligence claim.
The amount of compensation you receive depends on various factors, including the financial burden caused by your loved one’s death.
Your fatal negligence solicitor will advise you on how much you could be entitled to based on your individual circumstances.
How Long do Fatal Medical Negligence Claims Take?
Our fatal medical negligence solicitors always strive to resolve claims as efficiently as possible. Unfortunately, it is not always possible to provide an exact timescale when it comes to reaching a fatal medical negligence settlement, particularly where the claim is high-value and complex.
When working with our team, you will always be kept fully updated about the progress of your case and have realistic timescales so you know what to expect.
How Long Do I Have to Make a Fatal Medical Negligence Claim?
There are very strict time limits to keep in mind when it comes to pursuing fatal medical negligence compensation.
You will typically have three years from the date of death to pursue a claim for medical negligence or three years from when the family had reasonable knowledge that the deceased received inadequate medical care.
Why Choose Ashtons Legal?
Ashtons Legal is a client-centred firm focusing on providing a carefully tailored service to the needs of our clients.
We always avoid using legal jargon and take every step to keep the claims process as simple and straightforward as possible. We understand that clients coming to us following an instance of fatal medical negligence will be in a vulnerable position, so we make sure to provide an approachable service that is sensitive to your needs.
We are an industry-leading law firm, having established an outstanding reputation in the legal sector and the wider communities we serve.
As a firm, we are recognised by legal commentators Legal 500 and Chambers and Partners and hold many specialist accreditations, including Lexcel, AvMa, Brain Injury Group, APIL, and many more.
Contact Our Fatal Medical Negligence Solicitors
To make a fatal medical negligence claim, please get in touch with our experienced fatal medical negligence solicitors. You will be offered a free initial consultation to discuss the details of your claim and learn more about how we can help.
If you have an enquiry regarding a fatal medical negligence claim, please call us on 0330 191 4574, email enquiries@ashtonslegal.co.uk or fill in the enquiry form on the right-hand side of the page, and one of our specialists will be in touch. In the meantime, you might also find our medical negligence FAQs of assistance.