Last updated 23rd August 2024 by Jade. This article is about how to sue for wrongful death caused by medical negligence. As well as including information on the eligibility criteria that must be met, we have also explained who could make a claim such as this and have provided examples of how a loved one could suffer fatally due to medical negligence.
Additionally, there’s a section on how compensation may be calculated for cases involving wrongful death claims and what it can be awarded for. If you want to know about seeking help from one of our No Win No Fee lawyers, you’ll find information about that in this article too.
If you have any questions on how to sue for a loved one’s death, get in touch with our advisors today. They can help you on a 24/7 basis and can be reached via the following methods:
- Call us on 0800 073 8804
- Talk to us about your claim online.
- Use the pop-up chat window.
Select A Section
- How To Sue For A Wrongful Death
- Who Could Sue For A Wrongful Death?
- What Could Lead To A Wrongful Death Claim?
- Examples Of Payouts For Wrongful Death Claims
- How To Sue For A Wrongful Death With A No Win No Fee Lawyer
- Learn More About Suing For Wrongful Death
How To Sue For A Wrongful Death
If your loved one died while under professional medical care, you may be wondering how to sue for wrongful death. All wrongful death cases must be able to meet the following eligibility criteria:
- The deceased person must have been owed a duty of care by a medical professional.
- This medical professional must have breached their duty of care.
- The person’s death occurred due to the unnecessary harm they suffered as a result of this breach.
All medical professionals owe a duty of care to their patients. Per their duty, they must ensure that the treatment they provide is of the correct standard. If this care were to drop below this expected standard, this could cause someone to suffer unnecessary harm and, in certain cases, lead to a wrongful death.
Furthermore, if you meet this eligibility criteria, a wrongful death claim must be started within three years from the date of death or from the date of knowledge. This can be formed of the date of a postmortem or inquest.
What Evidence Could Be Used In Wrongful Death Claims?
When making a wrongful death claim, you will need to gather evidence that shows the fatal harm the deceased suffered and how this was caused by a medical professional breaching their duty of care.
Some examples of the evidence that could be gathered include:
- The deceased’s medical records, highlighting any conditions they were diagnosed with and medical treatments they were receiving.
- The findings from a postmortem, confirming the cause of death.
- The contact information of anyone who witnessed the deceased’s treatments, as they may be able to provide a statement later on.
These are only a few examples. If a legal professional such as a lawyer is working on your case, they could help you with gathering additional evidence.
Contact our advisors today if you have any questions regarding wrongful death settlements or about starting a claim.
Who Could Sue For A Wrongful Death?
Under the Law Reform (Miscellaneous Provisions) Act 1934, for the first 6 months following the death, only the deceased person’s estate can bring forward a claim. This can be a claim for the pain and suffering of the deceased, and one on behalf of the deceased’s dependents.
If no claim has been made on their behalf by the state within the first six months, a claim can be made by the deceased’s dependents for how the death has affected them. This is set out under the Fatal Accidents Act 1976 (FAA).
The FAA states the following family members qualify as a dependent:
- A current or former husband, wife or civil partner.
- Some who lived with the deceased person as spouses for 2 years prior to their death.
- A child or other descendant of the deceased, or anyone treated as such, e.g. a stepchild.
- A parent or other ascendant, or anyone treated as such e.g. a step-parent.
- The sister, brother, aunt, uncle or cousin of the deceased.
Feel free to reach out to our advisors if you have any questions about who can make a fatal medical negligence claim and how to sue for wrongful death.
What Could Lead To A Wrongful Death Claim?
There are various ways that a wrongful death could occur. Some examples could include:
- Surgical errors – For example, if a vital organ was damaged during surgery due to medical malpractice, this could lead to someone’s death.
- Diagnosis errors – A doctor could make a mistake when diagnosing cancer. If your loved one had cancer, but this diagnosis was missed, then the cancer could have spread and become fatal. The same could also be true in the case of a delayed diagnosis or a misdiagnosed blood clot.
- Delayed treatment – Even if a medical professional correctly diagnoses an illness, such as cancer, an unreasonable delay in treatment can also cause a fatality.
- Prescription errors – Your loved one may be allergic to certain medications. If this allergy is known, it should be in their medical records. So, if a doctor prescribes the medication in error, a severe allergic reaction could prove fatal.
For more examples and for additional information on how to sue for wrongful death or hospital negligence, reach out to our advisors today.
Examples Of Payouts For Wrongful Death Claims
As previously mentioned, a claim can be made for the pain and suffering the deceased experienced prior to their death by their estate.
The Judicial College Guidelines (JCG) is a document that may be used by those calculating how much should be awarded. The JCG is a document that lists compensation guidelines for different forms of injuries ranging from minor to severe in severity.
We have used some of the guidelines for the table below, except for the first entry. Please only refer to it as a guide.
| Awarded For | Severity | Compensation Bracket |
|---|---|---|
| Death, plus add on claims | Severe | Up to £550,000 and over |
| Paralysis | (a) Tetraplegia | £396,140 to £493,000 |
| (b) Paraplegia | £267,340 to £346,890 | |
| Brain damage | (a) Very severe | £344,150 to £493,000 |
| Injuries Resulting in Death | (a) Full Awareness | £15,300 to £29,060 |
Other Forms Of Compensation
Examples of other forms of compensation that could be awarded in a wrongful death settlement include:
- Funeral expenses.
- Loss of consortium – this provides compensation for things like the loss of companionship, the impact on a familial relationship or other things that cannot be quantified financially anywhere else.
- Dependency – this covers the loss of the deceased’s past and future earnings if the family relied on this income.
- Loss of services – if the deceased helped with childcare or any DIY around the household, financial compensation could be awarded for this. However, it must be quantified by a solicitor.
Additionally, under Section 1A of the FAA, certain family members are able to receive a Bereavement Award. This is a set lump sum of £15,120 and be can split between or awarded to:
- The parents of the deceased if they were an unmarried minor.
- A wife, husband or civil partner.
- A person who cohabited with the deceased for 2 years as husband and wife prior to their death.
Contact our advisors if you are still unsure how to sue for a wrongful death. They could also offer you free advice on claiming for medical malpractice that resulted in the death of your loved one.
How To Sue For A Wrongful Death With A No Win No Fee Lawyer
If you contact our advisors, they could explain to you how to sue for wrongful death, as well as provide free advice for your case. Additionally, they may also connect you with one of our lawyers, who may offer to work on your wrongful death claim under a Conditional Fee Agreement (CFA).
With this particular type of No Win No Fee arrangement in place, you won’t be expected to pay fees for your wrongful death law solicitor’s work:
- Upfront.
- While the claim is underway.
- If the claim fails.
However, if your wrongful death claim succeeds, your lawyer will take a success fee from the compensation awarded. The percentage they are permitted to take as this success fee is legally limited.
Contact Us
It’s free to get in touch with our advisors, and you can do so on a 24/7 basis. Not only can we offer free advice and guidance, but we could also connect you with one of our No Win No Fee lawyers if we think your claim is valid. Reach out today to get started.
- Call us on 0800 073 8804
- Talk to us about your claim online
- Use the pop-up chat window
Learn More About Suing For Wrongful Death
We’ve included some links below that will take you to additional resources we hope you also find helpful.
More from us:
- Advice on how much compensation for care home negligence that resulted in the death of a loved one.
- Guidance on when you could claim for a cervical cancer misdiagnosis and the potential compensation you may receive.
- Guidance on how to make a complaint about medical negligence and when you could be eligible to claim compensation.
Information from other sources:
- Guidance on getting help for grief after bereavement or loss from the NHS.
- Information on the professional duty of candour for medical professionals from the General Medical Council (GMC).
- Guidance on dealing with the estate of someone who’s died from Gov.UK.
If you have any further questions regarding how to sue for a wrongful death, you can contact our team of advisors.
