Fatal Medical Negligence Compensation Claim Solicitors
Losing a loved one because of negligent medical care can be devastating.
We can help you find answers to understand what happened and to claim the compensation you may be entitled to.
The passing of a loved family member can be a very sad and distressing time, even more so, when it may have been avoidable.
We place our trust in the expertise of medical professionals to take care of us when we need it most. Unfortunately, sometimes, the level of care received is not always what it should be. In these instances, you may be entitled to claim compensation for medical negligence that has resulted in death.
When a family relies on the person who has died financially, or as a parent or their care at home, the bereavement is often made harder by worries about money and how they will manage. Claiming for compensation can help ease some of that pressure by covering essential costs and providing financial stability in such moments.
Our experienced medical negligence solicitors have over three decades of experience supporting families through the process of claiming compensation when they feel they have been let down by those supposed to take care of them.
Speak to our legal team today, and we can help you understand your legal rights.
When can I claim compensation for a loved one who has died due to medical negligence?
You can make a fatal medical negligence claim for a loved one if the standard of care they received fell below the expected standard of care.
Medical professionals have a legal responsibility to provide a duty of care to their patients. You may have a right to claim compensation if it can be proven that this duty of care has been breached and this led to the passing of your loved one.
In most cases, you will have up to three years from the date your loved one passed, to start your claim.
Your rights to claim are the same whether you are claiming against the NHS or a private healthcare provider.
Specialists You Can Trust
We’ve handled hundreds of complex medical negligence claims — recovering over £105 million for clients in the last five years alone.
In addition to this, we work with leading medical experts to make sure your case is built on the strongest evidence and you receive the maximum compensation possible.
Who can make a fatal medical negligence claim?
Close relatives or financial dependents of the person who has passed have a right to claim. We are often instructed by a family member of the deceased, such as a husband or wife, spouse, parent, child or sibling.
Claims are usually made on behalf of the estate or on behalf of the family.
Can I make a fatal negligence claim on behalf of the deceased’s estate?
When someone has died due to medical negligence, the right to pursue compensation for the injuries they suffered does not end with their death.
Under the Law Reform (Miscellaneous Provisions) Act 1934, a claim can still be brought on behalf of the deceased for compensation for their pain, suffering and loss of amenity.
Beneficiaries named in a will, or the appropriate relatives if there is no will, may also be able to claim for losses the deceased experienced before they died, such as loss of income, and for the impact of the negligent treatment.
Because a person’s property and financial affairs are referred to as their estate, this type of claim is made “on behalf of the estate”.
If the deceased left a will, the executors named in it are responsible for managing the estate and can start the compensation claim.
If there is no will, a family member can apply to serve as the estate’s administrator. Once they receive the official “letters of administration,” they can start the claim on behalf of the estate. We can help guide you through this process even if you have not yet obtained letters of administration.
Can I make a fatal negligence claim on behalf of the deceased’s family?
Yes, when someone has died because of medical negligence, their family may be entitled to start a claim in their own right for their bereavement.
Additionally, they may be able to claim compensation for financial losses, especially if they relied on the person financially.
How much compensation can I claim for death caused by medical negligence?
The amount of compensation you may be able to claim for a death caused by medical negligence will depend on the level of pain and suffering experienced by the person who died and the financial losses their family may now face. Depending on the circumstances, compensation amounts can be £500,000 or higher.
Compensation claims in fatal medical negligence cases can be made for the following:
- The deceased’s pain and suffering leading up to their death
- The deceased’s care costs (if relevant)
- The costs of the funeral and other expenses incurred as a result of the loved one’s death.
- The loss of financial support they may have received from the deceased’s income
- The cost of replacing “the services” provided by the deceased, such as child care, DIY, and other day-to-day activities they took care of.
Additionally, the Statutory Bereavement Award of £15,200 can be paid to specific family members who have lost a loved one due to a wrongful act, such as medical negligence. This is paid under the Fatal Accidents Act 1976.
What are the most common causes of fatal medical negligence claims?
Unfortunately, the most common mistakes in medical care leading to death include, but are not limited to:
- Misdiagnosis or delayed diagnosis
- Misunderstanding of medical reports, tests, scans, and biopsies
- Delays in tests or referrals to a hospital or specialists
- Incorrect medical treatment
- Medication errors
- Surgical errors
- Infections such as sepsis while in hospital
- Anaesthetic errors
- Ventilation, resuscitation or oxygenation errors
- Errors made in neonatal care, such as during pregnancy or birth
- Inadequate or delayed emergency care, such as in A&E
- Failure to monitor patients
Can I make a no win no fee claim for death caused by medical negligence?
Yes, you can make a no win no fee for a fatal medical negligence claim. Our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.
We understand how difficult dealing with the death of a loved one can be, not only emotionally, but financially. A no win no fee claim protects you from any upfront or hidden costs.
No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to the claim. These costs could include legal fees, medical reports, court costs, and other expenses.
Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.
What happens when I claim for medical negligence leading to the death of a loved one?
Our experienced medical negligence legal team are on hand to help you start your claim. Usually, this begins with a no-obligation, free initial consultation.
Once we understand the nature of what has occurred, our specialist solicitors will be able to let you know if you may have a case.
In addition, we can guide you through what happens if your loved one needs a post-mortem or if a coroner’s inquest is expected.
We aim to make sure you feel prepared and understand every part of the process. Reaching out is simply the first step. Your initial consultation is free, and the decision about what to do next is entirely yours.
If you choose to move forward, we will start by collecting all the evidence needed to support your claim. This may include:
- Medical records
- Independent medical expert reports
- Some information from you on what you think happened
After this, we will contact the hospital or healthcare provider responsible to notify them that a claim is being prepared.
Why choose us
£105m recovered in 5 years
40+ years specialist experience
No upfront fees, maximum results
How long do I have to start a fatal medical negligence claim?
Under the Limitation Act 1980, you have up to three years to start your claim. The three-year time limit will begin from the date your loved one passed away.
Even though it may seem incredibly hard to do, we recommend you start your claim as soon as possible, as this can give us the best opportunity to gather all the evidence we need to present the strongest case.
Can you represent me at an inquest?
When a loved one dies unexpectedly, the coroner may hold an inquest to investigate the circumstances.
This can be an emotional and confusing time, and we can support you throughout the process.
In some cases, the inquest may reveal evidence that the cause of death may have been linked to negligent medical care. If this is the case, we can help you with your claim and work towards a settlement that offers financial security for the future.
Can a coroner confirm whether medical negligence occurred?
A coroner can not state if the death was caused by medical negligence. However, their investigation can still be very important, as the evidence they identify may help us show that negligent care contributed to your loved one’s death.
Coroners can make a finding of neglect, which is different from negligence. A conclusion of neglect means there was a serious failure to provide basic medical care and that this failure directly contributed to the death.
Coroners can also issue prevention of future death reports. These reports matter to many families because they highlight the changes needed to prevent similar incidents in the future.
Support At Every Stage
From your first enquiry to the final outcome, you’ll have a dedicated team of specialists guiding you through the entire process.
We’ll explain everything clearly so you understand exactly what’s going on at any point in time, answer your questions, address possible concerns, and help you get the care and support you need while your claim is ongoing.
Why choose Wolferstans to represent you for your fatal medical negligence claim?
Our team of dedicated specialist medical negligence solicitors has decades of experience helping clients claim compensation even in the most challenging circumstances.
With a proven track record of successful claims, often achieved without the need for you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.
Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.
Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists.
Our accreditations and awards
