Nothing can prepare you for the sudden and unexpected death of someone you love. You will need to make crucial legal decisions at a time when you are likely to be feeling powerful emotions such as shock, grief, stress and anger.

The sooner you take legal advice, the better. QualitySolicitors can guide you through the legal maze, providing you and your family with clear advice in a sympathetic manner.

What will it cost me to take legal advice?

We offer a free 30 minute consultation to help assess your legal needs.

If it appears that someone was partly or entirely to blame for the death, our specialist lawyers may be able to represent you on a ‘no-win no-fee’ basis so that you do not have the additional worry of legal fees.

Even if you have a legal expenses insurance policy, you do not have to use their panel lawyer. Normally you will be allowed to nominate the lawyer of your choice - someone you trust both as a specialist and for their understanding of what you are going through.

What am I meant to do following the death?

When someone dies unexpectedly, their family or partner will need to deal with various legal organisations. There is also the difficult issue of letting other people know what has happened.

On a practical level you should ensure that the death has been reported to the family doctor (GP), the employer, the landlord or mortgage provider, pension provider and life insurance company.

You will need to find their Will (if they have one) and contact funeral directors to start making the necessary arrangements.

It is important to report your concerns as to the cause of death and who was to blame. Click reporting a wrongful death for a comprehensive list of the organisations to contact and questions to ask, as well as for guidance on locating the Will and sorting out financial affairs.

Why have I been contacted by the Coroner?

Whenever a death occurs in England or Wales that is sudden, accidental or suspicious, the local Coroner organises an investigation to identify who has died, where and when they died and ‘how they came to their death’.

The inquest is an important public enquiry that can help you better understand what happened. Where it appears that someone was to blame for the death, it often helps to be represented at the inquest to ensure that the right questions are asked.

Click inquest guide for full details including the type of questions that can be asked, potential verdicts and even where to sit and the appropriate dress code

Why won’t the Coroner let the funeral take place?

As Coroners are responsible for investigating suspicious deaths, they take responsibility for the body of the person who died.

Usually the Coroner will arrange a medical examination (also called post-mortem or autopsy) to help investigate the medical cause of death. This is carried out by a Government pathologist.

It is important that before the funeral is arranged, the Coroner, the family and indeed anyone who might be blamed for causing the death are happy that a fair post-mortem has taken place. If any interested parties have concerns, they can request a second post-mortem.

If you have any concerns about the results of the post-mortem, your lawyer can advise you what to do.

Can I bring a claim?

Compensation is likely to be the last thing on your mind - but it is a practical issue that you should consider. It could provide financial protection and security, not just for immediate losses and expenses, but also for the future.

A properly prepared claim will provide a family with the long term financial support and protection that the person who died would have otherwise provided to them.

Your specialist QualitySolicitors’ lawyer will be able to advise you on the complex legal issues, in language you can understand.

How much could I claim?

There are five main categories of compensation:

• Pain and suffering caused to the person who has died (for example where the person was unconscious before they died)
• Funeral costs – this might include a reception or wake and other associated expenses, depending on the circumstances
• Grief and trauma – a fixed sum of £11,800 for bereavement, which certain people can claim. In limited circumstances, close family members who suffer psychiatric injury by witnessing the incident causing the death, may be able to bring additional claims.
• Financial dependency - for people who had a close connection to the person who died and can show they had a reasonable expectation of receiving financial support. The amount depends on what the person who died would have earned or received from investments or pensions.
• Support and services dependency – for those who would have continued to receive practical help and support from the person who died.

Will I have to go to court?

You will only need to give evidence at the inquest if you witnessed the death or can give relevant evidence about the medical cause of the death. Otherwise you can simply instruct your lawyer to ask questions on your behalf at the inquest.

If there is a criminal prosecution you will only need to attend if you are a witness. You may be able to submit a written Impact Statement about the effect the death has had on you, so that the judge aware of the extent of your loss.

For your fatal injury/wrongful death compensation claim, it is very unlikely that you will need to attend trial. At least 95% of cases settle by negotiation.

How long will it all take?

Fatal injury lawyers at QualitySolicitors are very aware that it is difficult for families to feel a sense of closure until the legal processes are completed.

Although many factors are out of our control, it is our role to maintain pressure to eliminate unnecessary delays. Whilst each case is different, usually everything is concluded within 2 years of the death. The following is an indication of timescales:

• Opening of inquest, releasing body and enabling funeral - 2 weeks
• Police investigation - 12 months
• Resumed inquest (resulting in final death certificate) - 3 to 6 months after the conclusion of the investigation
• Criminal prosecution – about 18 months after the death
• Fatal injury/wrongful death claim – 6 months after the insurer confirms responsibility

We can help you through the legal process. Our aim is to take away the worry of the legal issues so that you are caused the minimum of additional distress.