What are Fatal Injury Claims?
Fatal injury claims arise where a person has died as a result of an accident or incident caused by negligence. These claims may be brought by certain relatives or family members, depending on the circumstances.
In Scotland, a fatal claim may arise following a wide range of incidents, including those involving:
- road traffic accidents
- accidents at work
- accidents in public places
- industrial disease
- catastrophic incidents involving brain injury or
- spinal injury before death
- medical negligence
- other circumstances where negligence may have caused or contributed to a death
These claims are often legally and emotionally complex. Seeking specialist advice as early as possible can help families understand their rights and next steps.
How We Can Help with Fatal Injury Claims
At such a difficult time, it can be hard to know where to begin. Our role is to guide you through the process carefully and compassionately, while protecting your interests throughout.
Our team can help by:
- listening to your circumstances and advising whether a claim may be possible
- explaining the legal process clearly and sensitively
- investigating how the death happened and identifying the evidence required
- obtaining expert reports where appropriate
- dealing with insurers and the other side on your behalf
- advising on who may bring a claim and what compensation may be available
- supporting families through complex and high-value cases
- raising court proceedings where necessary to protect your position
From the outset, we aim to reduce the burden on you and your family, so that you have clear guidance and support at every stage.
When Should You Consider a Fatal Injury Claim?
Every family’s circumstances are different, and there are many reasons why someone may consider getting legal advice after the death of a loved one.
A claim is not only about compensation. It can also be about seeking answers, understanding what went wrong and ensuring accountability. In some cases, families are also left facing immediate financial pressures after losing someone who provided income, care or support. Compensation Claims of this kind may also help address funeral costs, medical costs, loss of income and also services. A claim for services can cover any extra help needed or expenses incurred because the loved one is no longer around.
You may wish to explore a claim where there are concerns that:
- someone did something they should not have done
- someone failed to do something they should have done
- a death followed an accident at work, on the road or in a public place
- there are unanswered questions about the circumstances of the death
We have both specialised Personal Injury solicitors and specialised Medical Negligence solicitors who can talk through the circumstances with you and advise whether a fatal injury claim may be available.
Types of Fatal Injury Claims We Handle
We advise on a wide range of fatal injury claims, including:
- fatal road traffic accident claims
- fatal accidents at work
- public liability fatal accident claims
- industrial disease and asbestos-related fatal claims
- catastrophic and fatal claims involving complex loss of earnings or loss of financial support issues
- claims involving disputed liability
- claims involving all types of medical negligence including cases of delay in diagnosis
- claims requiring detailed medical and expert evidence
If the circumstances of your loved one’s death are not listed here, we would still encourage you to get in touch. We can discuss what happened and whether we may be able to help. Our specialist Personal Injury lawyers and Medical Negligence lawyers have years of experience in serious injury, catastrophic injury and fatal cases involving accident victims and financial dependents.
Who Can Make a Fatal Injury Claim?
Who can bring a claim will depend on the facts of the case and the family relationship involved. In Scotland, the rules around fatal injury claims can be complex, particularly where there are questions of dependency, family relationships or multiple potential claimants.
Depending on the circumstances, claims may be brought by:
- a spouse or civil partner
- a cohabiting partner
- children
- parents
- siblings
- other relatives who may be entitled under Scots law (including grandparents, grandchildren and step-relatives).
It is important to take advice on this at an early stage, so that your family understands who may be able to claim and what losses may be recoverable. In some cases, there may also be practical matters to address, including appointment of Executors and obtaining Confirmation for the Estate of the deceased.
What Compensation May Be Available?
Compensation in fatal injury claims will depend on the circumstances of the death, the family members involved and the nature of the losses suffered.
A claim may include compensation for:
- grief and loss of society
- loss of financial support or dependency
- loss of services previously provided by the deceased
- funeral expenses
- other financial losses arising from the death
In some cases, there may also be a claim relating to the pain and suffering experienced by the deceased before death, depending on the facts and evidence available. We will advise you carefully on what may be claimed in your particular circumstances.
How the Fatal Injury Claims Process Works
The process will vary depending on the case, but it commonly involves:
- an initial discussion about what happened
- identifying who may have a claim
- investigating the accident or incident and gathering evidence
- obtaining medical, factual or expert evidence where needed
- assessing liability and the value of the claim
- dealing with the defender and their insurers
- negotiating settlement where possible
raising court proceedings if required
Some cases may also involve related processes such as a Fatal Accident Inquiry, criminal proceedings, police investigations or workplace investigations. Where that happens, we can explain how those processes may relate to the civil claim, any criminal prosecution or court hearing, and what to expect. We can also advise on evidential issues, and the progress of civil proceedings where required.
Fatal Accident Inquiries and other investigations
In some cases, a death may lead to a Fatal Accident Inquiry (FAI) or another formal investigation. Families often have understandable concerns about what this means and whether they need separate legal advice.
These processes are different from civil fatal injury claims, but they can be closely connected. They may provide important information about what happened, whether failings occurred and what evidence may be relevant to a claim.
We can advise you on the relationship between these different processes and help you understand the next steps.
We have specialist solicitors with years of experience in handling all types of FAI’s and Public Inquiries. We have dealt with FAI’s relating to accidents at work, deaths in custody, medical negligence and other fatal events. We have solicitors with extensive experience of representing not only families but also health professionals at such Inquiries.
Funding Fatal Injury Claims
We understand that the cost of legal action can be a concern, especially at a time when families may already be under financial strain.
Funding options will depend on the circumstances of the case and may include legal expenses insurance or other arrangements where available. When you contact us, we can explain the funding options that may apply and provide clear information at an early stage.
Time Limits for Fatal Injury Claims
Strict time limits apply to fatal injury claims in Scotland. In many cases, there is a three-year time limit, although the date from which that period runs can vary depending on the circumstances.
Because these cases can involve detailed investigations and sensitive evidence, it is sensible to seek advice as early as possible. Early advice can also help preserve evidence and protect your family’s position.
Why choose Drummond Miller’s Medical Negligence Solicitors?
When you are coping with bereavement, you need advice that is not only expert, but also thoughtful and supportive.
Families trust our team because we offer:
- experience in complex and sensitive personal injury matters
- clear, practical advice tailored to your circumstances
- a compassionate approach at every stage
- careful handling of complex evidence and dependency claims
- strong negotiation and litigation experience
- support designed to make a difficult process more manageable
We understand that this is not simply a legal matter. It is about people, families and lives changed forever. We are here to guide you through the process with care and clarity.
Speak To Our Solicitors About Fatal Injury Claims
If you have lost a loved one and would like advice about whether a fatal injury claim may be possible, our team is here to help. We can talk you through the next steps, answer your questions and provide clear guidance on your options.
Get in touch with our team to arrange an initial discussion. We have specialist lawyers in both our Glasgow and Edinburgh offices but wherever you live, whether in Scotland or not, we will be happy to help.
Our team of solicitors is available for in-person consultations, as well as telephone and video appointments. Schedule a meeting today.
- Call us on 0131 226 5151