Fatal Injury Claims

For which circumstances can I claim for fatal injury?

Any fatal injury or accident which results from the fault of another party may form the basis of a claim.  Such circumstances may include (but are not limited to):

• Workplace accidents
• Motor vehicle accidents
• Medical accidents
• Accidents on public or private premises
• Industrial diseases
• Sports injuries
• Assault

Who can bring a claim for fatal injury?

The Civil Liability Act, 1961, Part 4 states that it is the ‘personal representative’ of the deceased who can bring a claim; however, if six months have passed since death, and no such representative has been put in place, any or all dependents may do so.  

Dependents include any ‘member of the family’ of the deceased, including their spouse, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, or half-sister.

Regardless of who brings a claim for fatal injury, any recourse sought can only be for and on behalf of the dependents of the deceased.

Can I bring a claim for fatal injury?

To bring a claim for fatal injury, you need to show:

• Another party was negligent, and;
• This negligence caused damage or injury leading to death.

To prove a case of fatal injury due to negligence, we will compile evidence including photographs, correspondence, medical records, and where necessary seek expert medical opinion.  

If you are unsure whether you have a valid case, speak to one of our fatal injury solicitors.  Our team will take the time to listen to the details of what happened and provide an honest assessment of the chances of receiving a remedy.

What may a fatal injury claim cover?

A claim for fatal injury resulting from negligence may cover three areas of loss:

• Psychological distress – this type of recourse is intended to acknowledge the mental suffering of dependents due to a fatal accident and is currently capped at €35,000.00.
• Loss of dependency – those who were financially dependent upon the deceased may claim for loss of dependency, however this will be determined on a case by case basis.  
• Specific financial losses resulting from fatal injury – this may cover costs including funeral expenses.

Why should I instruct Lavelle Partners Fatal Injury solicitors to handle my case?

• At the heart of our practice is our commitment to put your needs first.  
• Lavelle Partners have successfully managed many cases involving fatal injury due to negligence.  
• Our fatal injury team, headed by partner, Avril Scally, who herself has over 15 years’ experience in personal injury claims, place client care at the centre of everything they do.
• From the first moment you speak to one of our solicitors, we will carefully listen to you and only recommend advancing your claim if we believe you have a valid case.
• Our solicitors will manage the process entirely on your behalf; compiling the information necessary for your case, including photographic evidence, correspondence, medical notes and managing the submission of your fatal injury claim.  
• We will manage any subsequent questions and/or provide further information where required.  

By allowing us to handle your claim on your behalf, you can focus on what is most important, caring for yourself and the family of the deceased.

For further information on making fatal injury claim, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at ascally@lavellepartners.ie