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Statute of Limitations for Fatal Accidents

My husband was recently killed in a farmyard accident and I wish to claim compensation, what is the statute of limitations for fatal accidents?

The statute of limitations for fatal accidents is generally three years from the date of death, although this can change in certain circumstances. Following the death of a loved one, the upset and trauma caused can mean that a claimant will not even consider fatal accident compensation. Sometimes it is only when time has passed and the financial implications of your loss have become apparent will you consider to initiate a claim for a fatal accident. In this scenario, you should consult a personal injury solicitor at the earliest opportunity to ensure that you can still meet the time limit for claiming for fatal accidents.

While the statute of limitations for fatal accidents is generally three years, there are certain exceptions to be aware of. One is the scenario in which the cause of your husband’s death is not immediately apparent, and is only clear after an autopsy has been performed — in which case the time limit for claiming for fatal accidents will commence with the release of an autopsy report. It is also possible that — if your husband died from a terminal illness — he had already taken steps to initiate a claim for a fatal accident. In this scenario, you will be entitled to continue this fatal accident compensation claim with the statute of limitations restarting from your husband’s date of death.

The statute of limitations for fatal accidents should be well noted, even if your husband’s employers are willing to admit liability for his death. There is a possibility that they are horrified that such an accident occurred, and are willing to provide you with fatal accident compensation for your loss. However an issue may arise with their insurance company if they challenge your right to initiate a claim for a fatal accident, or if they extend to you an offer of compensation which is inadequate for your requirements. Because of this, it is necessary to have strong evidence in order to verify your claim. This may take some time to collect and may push your claim close to the time limit for claiming for fatal accidents — because of which you are advised to consult a personal injury solicitor at the earliest opportunity following your husband’s fatal accident.

Claiming fatal accident compensation can be a difficult procedure, particularly with the added trauma of coping with the loss of a loved one. For this reason, you are advised to consult a personal injury solicitor at the earliest opportunity to help initiate a claim for a fatal accident. A solicitor can help determine the compensation you may be entitled to claim, offer professional representation on your behalf and ensure that the claim is made within the time limit for claiming for fatal accidents. With the help of a solicitor, you are significantly increasing the likelihood that your claim will be made within the statute of limitations for fatal accidents.