If you have been wondering, ‘How do you claim for a fatal cycling accident on behalf of a loved one?’, this guide may provide you with the information you have been looking for. Within this guide, we will discuss the eligibility requirements that must be met for a fatal accident claim to be valid. Additionally, we will explain who can make a claim and what type of claim they can make.
Furthermore, we will set out examples of evidence that could be used to support claims for fatal cycling accidents. We will also explain the different forms of compensation that could be awarded for a successful claim.
Lastly, this guide will look at how one of the solicitors on our panel could help you with making a fatal road traffic accident claim under a No Win No Fee arrangement.
To discuss your case, or to ask any questions regarding the fatal accident claiming process, you can contact a member of our advisory team. They can be reached via the following ways:
Browse Our Guide
- How Do You Claim For A Fatal Cycling Accident?
- Can You Claim For A Fatal Cycling Accident On Behalf Of A Loved One?
- What Evidence Could You Use For Fatal Cycling Accident Claims?
- Potential Fatal Accident Compensation From A Cycling Accident
- Use No Win No Fee Cycling Accident Solicitors To Claim Compensation
- Read More About How Do You Claim For A Fatal Cycling Accident
The Law Reform (Miscellaneous Provisions) Act 1934 allows the estate of the deceased to submit a claim for the pain and suffering of the deceased. They are the only party who can make this type of claim. Additionally, they are the only party that can bring forward a claim within the first 6 months following the deceased’s death. The estate of the deceased can also make a claim on behalf of the dependents within this timeframe.
The Fatal Accidents Act 1976 allows certain qualifying relatives, known as dependents, to make their own claim for how the death has impacted them if no claim has been made on their behalf after the first 6 months have passed,. The following qualify as a dependent under this Act:
- The current or former husband, wife or civil partner of the deceased.
- Anyone who was living in the same household with the deceased for a least 2 years before their death as spouses.
- A parent or other ascendant/descendant of the deceased or someone who was treated as such, e.g. a step-parent.
- A child or other descendant of the deceased or someone who was treated as such, e.g. a stepchild.
- A brother, sister, aunt, uncle or cousin of the deceased.
If you are still wondering, ‘How do you claim for a fatal cycling accident on behalf of a loved one?’ or to see whether you qualify as a dependent, you can contact our advisors.
If you have lost a loved one in a fatal cycling accident, you may be wondering whether you could make a claim on their behalf. In order for the claim to be valid, the following eligibility criteria will need to be met:
- The deceased was owed a duty of care of the time and place of the accident.
- This duty of care was breached by another road user.
- This breach caused the deceased to suffer fatal injuries.
All road users owe one another a duty of care. They must operate vehicles and navigate the roads in a way that prevents causing harm to others and themself. They must also adhere to the Road Traffic Act 1988 and the rules found within the Highway Code.
If a road user were to breach their duty of care, this could result in a road traffic accident that causes someone to suffer fatally.
To see whether your case meets the eligibility requirements, you can contact one of our advisors today.
When considering ‘How do you claim for a fatal cycling accident?’ it’s useful to think about the evidence that is needed. The evidence you collect will need to show the fatal injuries the deceased suffered and who was liable for them.
Some examples of evidence that could be used to support fatal bicycle accident claims include:
- CCTV, dashcam and helmet cam footage of the accident.
- A copy of the police report, if they were called to the scene of the accident.
- The results of a postmortem or inquest confirming the cause of death.
- Photographs of the accident scene.
- The contact details of anyone who witnessed the accident who could provide a statement at a later date.
- The deceased’s medical records stating the fatal injuries they suffered.
If you decide to work with a solicitor, they could help you with gathering the necessary evidence. Contact our advisors today to see if you could be eligible to work with one of the fatal cycle accident solicitors on our panel.
Compensation will be awarded for the pain and suffering the deceased experienced due to their fatal cycling accident injuries if a successful fatal accident claim is made.
Compensation for this is calculated similarly to that of personal injury claims. Therefore, the Judicial College Guidelines (JCG) may be referred to. This document provides compensation guidelines for various injuries ranging from minor to severe in severity.
Below, we have listed some of the guidelines that may be relevant to fatal accident claims. Please note that the first entry has not been taken from the JCG.
|Type of Injury
|Compensation Guideline Brackets
|Death including add on claims.
|Up to £550,000 and over
|Compensation for the pain and suffering of the deceased and other losses such as dependency payments and funeral costs.
|£324,600 to £403,990
|The higher end of this bracket is applicable to cases where the person experiences physical pain and their senses and ability to communicate has been significantly affected.
|£219,070 to £284,260
|Factors such life expectancy, age and presence of pain will affect the amount that is awarded.
|Very Severe Brain Damage.
|£282,010 to £403,990
|The injured person requires full time care and has virtually no meaningful interaction with their environment.
|Severe Psychiatric Damage
|£54,830 to £115,730
|A very poor prognosis with the person struggling to cope with their social and working life.
|Severe Post-Traumatic Stress Disorder
|£59,860 to £100,670
|Permanent issues will prevent the person from functioning the same as pre-trauma.
|Injuries Resulting In Death- Full Awareness
|£12,540 to £23,810
|The personal will be fully aware of their injuries for a short period and fluctuating levels of consciousness thereafter for 4 - 5 weeks. Death within a couple of weeks up to 3 months.
What Else Can I Claim For In A Fatal Cycling Accident Claim?
Certain qualifying relatives can receive a bereavement award. It is a lump sum of £15,120, which can be awarded to or split between the following:
- The husband, wife or civil partner of the deceased.
- Some who lived with the deceased for 2 years before their death as partners.
- Their parents if the deceased was an unmarried minor.
Other forms of compensation that could be awarded following a successful fatal bicycle accident claim include:
- Funeral fees.
- Loss of services. For example, if the deceased provided help with childcare or DIY tasks around the home.
- Dependency payment – This includes the loss of past and future earnings of the deceased if the family relied on their income.
- Loss of consortium – This provides compensation for the impact on a familial relationship, loss of companionship and other losses that cannot be financially quantified anywhere else.
For a free valuation of how much compensation you may be able to potentially receive as a dependent, you can contact one of our advisors. They can also help you if you are still wondering, ‘How do you claim for a fatal cycling accident on behalf of a loved one?’.
Now that we have discussed how do you claim for a fatal cycling accident on behalf of a loved one, you may be interested in requiring legal representation. One of the solicitors on our panel may be able to assist you with your fatal bike accident claim. Additionally, they may offer to guide you through the claiming process under a No Win No Fee arrangement known as a Conditional Fee Agreement.
Under this arrangement, you generally will not be required to pay any service fees upfront to your solicitor. You also will not have to pay them for their work while the claim is in progression or if it fails
Should the claim be successful, your solicitor will deduct a success fee from your compensation. There is a legal cap for the percentage that this fee can be.
Contact Our Advisors
If you are still wondering, ‘How do you claim for a fatal cycling accident?’, you can contact one of our advisors. They may also connect you with a No Win No Fee solicitor from our panel if it seems like you have a strong fatal cycling accident compensation claim.
To connect with them today, you can:
Other guides by us:
- Read more about making motorcycle accident claims with No Win No Fee solicitors.
- In this guide, we explore how to claim compensation under the Fatal Accidents Act 1976 in more detail.
- Read what to do if making a fatal car accident claim.
Some external resources:
- Brake has provided UK road fatal accident statistics to help.
- A guide about death and bereavement from Gov.UK.
- The NHS provide guidance regarding getting help with grief and bereavement after the death of a loved one.
Contact one of our advisors today if you are still wondering, ‘How do you claim for a fatal cycling accident on behalf of a loved one?’.