Fatal Claims
If a friend or family member has died because of negligent medical care, treatment or procedure, we understand it will be an extremely difficult time for you but we are here to help you find out what happened and try to obtain compensation on behalf of your loved one.
Sometimes, following a person’s death, the cause of death is unknown and a Coroner may open an inquest to try to establish the reason someone died. Whilst Inquests are separate to a clinical negligence claim, a fatal negligence claim can often be investigated once the Inquest concludes. Find out more with our article Article 2 Inquests: protecting life in death
How we can help
At Hay & Kilner, we have many experienced solicitors (Clare Thompson, David Bradshaw, Lauren Hall, Helen Morland, Michael Taylor, Michael Scobie, Sophie Moss) to help with your fatal claims.
Who can bring a fatal claim?
If someone close to you has died as a result of negligent treatment, you may be able to make a claim on behalf of the deceased’s Estate irrespective of whether the treatment was provided by the NHS or on a private basis.
Hay & Kilner have acted for clients whose complaint relates to a range of fatal claims including:
- Misdiagnosis
- Failure or delay in diagnosis
- Intraoperative mistakes
- Cardiac disease
- Deep vein thrombus / Pulmonary embolism
- Subdural haematomas
Why choose Hay & Kilner?
Hay & Kilner’s team of specialised clinical negligence solicitors has recovered hundreds of thousands of pounds of compensation on behalf of their clients in fatal claims.
We provide a high-quality service and will take the time to get to know you and understand exactly what you and your family have been through to get your loved one the compensation they deserve. We represent clients throughout the North East and are happy to come out to see you at home if you find it difficult to attend the office.
When to make a fatal claim?
An Act of Parliament sets out time limits for bringing a clinical negligence/fatal claim. Failure to issue proceedings within this time scale may mean that the fatal claim is time barred and cannot proceed.
The Limitation Act provides that the time limit is three years from the date on which harm resulted from the allegedly negligent action; in fatal claims, this will usually be three years from the date of death.
Find out more about when to pursue a fatal claim with our article Is it too late to bring a clinical negligence claim?
How much does it cost to make a fatal claim?
There are several ways a fatal claim can be funded; the most common being under a Conditional Fee Agreement on a ‘no win no fee’ basis. Read more about the different ways to fund your potential fatal claim with our article No Win No Fee and other options for funding your medical negligence claim.
How long will a fatal claim take?
Fatal claims can take anywhere from a few months to a few years to reach a resolution. The likely timescale usually depends on whether or not your doctor or other healthcare practitioner accepts responsibility for the injury/death.
How do I start a fatal claim?
If you think you may be entitled to compensation for a loved one’s death, contact our team on 0191 232 8345 or using our online contact form and we will arrange an initial appointment to discuss your potential fatal claim free of charge.
Meet the team
Relevant insights & events
Our regular clinical negligence updates and events keep you up to date with all the latest legal developments you need to know about.