What is Wrongful Death?
By Mark Allen. Last updated 16th July 2021. Welcome to our guide on medical negligence resulting in death compensation. In this death by negligence UK article, we explain:
- NHS negligence death claims;
- Death by hospital negligence claims;
- Compensation of death;
- The average payout for medical negligence resulting in death UK;
- Death due to doctor’s negligence
- Death by medical negligence payouts UK.
A wrongful death claim is when a person is liable for the death due to their negligent conduct. The claim can be pursued by close family and is considered a civil matter. The Fatal Accidents Act of 1976 means that a spouse, civil partner or a parent of a child under 18 can pursue a claim for wrongful death.
Regarding wrongful death due to medical negligence, this happens when a health care professional neglects their duties and provides a service that is below the expected standard and, as a direct consequence, causes the death of their patients.
It’s possible to make a death by negligence UK claim under the Compensation Act if the deceased person had a family, children under 18, a spouse and provided financial support. Compensation is also available if the deceased cared for another person and that alternative care was paid for. No amount of money can actually compensate for the loss of a close relative.
Still, the financial support provided ensures that you are not out of pocket due to a tragic incident that was completely out of your control. The compensation awarded is also to ensure that the family goes on living a life they are used to and that they are not affected financially by the family member’s death. This is the purpose of an NHS negligence death claim.
If a person dies due to a negligent act by another person or person’s, then it is up to close family and beneficiaries to pursue a case for wrongful death negligence on behalf of the deceased. Being a leading law firm in the area of negligence and medical negligence means we are well equipped to deal with cases of wrongful death caused by the negligent actions of others.
We have specialised medical negligence solicitors with decades of experience dealing with many types of negligence cases, such as death by hospital negligence. This ensures that each client receives the maximum amount of compensation that they deserve. Those that pass away due to the actions and behaviours of others are no longer here to have their case heard and bring to justice those responsible for causing their death, so it falls on the shoulders of their family to bring those accountable to justice.
Suppose you are unsure whether there is a case of wrongful death to be answered, why not receive a free and confidential consultation from one of our expert solicitors who will be able to briefly examine your case and advise you on the most appropriate steps to take. It is important to say that at no time are you at any obligation to appoint us as your legal representation. We offer a free consultation to have your case looked over before entering into any legal litigation.
If you would like to speak to one of our medical negligence solicitors regarding a case of wrongful death or the wrong medication causing death, why not call us on our freephone number on 0151 550 5262, or you can fill in an online contact form where you can leave some contact details, and one of our specialist solicitors will get back to you at a time that is convenient to you to discuss potential claims for death by medical negligence payouts UK.
No Win No Fee Wrongful Death Compensation Claims
We deal with all death by negligence UK claims on a No Win No Fee basis, meaning that at no time are our clients at any financial risk. No Win No Fee agreements have changed since April 2013 in as much as clients who are successful in their case now have to pay their legal teams up to but no more than 25% of their compensation awarded. However, if the case does not succeed, the client does not pay any money to either side. At no time will the client have to pay anything from their own pocket. The level of expertise we have at the firm means that the client is given a service next to none. And this service also helps when determining the average payout for medical negligence resulting in death UK.
Wrongful death occurs when a person’s life is taken as a consequence of a willful or negligent act of a third party. Pursuing an NHS negligence death compensation claim is different from criminal charges. A person acquitted in a court of law may still be pursued in a civil court for death by hospital negligence. Wrongful death statutes were introduced so that loved ones who were left behind could be cared for, and those responsible for the deceased’s death should be investigated. And that could lead to the victim’s family successfully claiming medical negligence resulting in death compensation.
Call our Medical Negligence Advice Line today and receive Free Confidential Legal Advice on 0151 550 5262 or Claim Online
Who can be Sued for Wrongful Death?
There are two types of wrongful death caused intentionally and other incidents that occur that result in a person’s death, but that was not the intentional outcome. What best describes an intentional act of wrongful death could be attacking another and causing their death through injury. In contrast, an unintentional act of wrongful death could be an act of medical negligence, a negligent act conducted by a medical professional that results in a patient’s death. If a person causes another’s death, whether it may have been intentional or not, they may be liable to be pursued for wrongful death by a member of the deceased’s family. Please read on for further information about making a compensation of death claim.
Who can Sue for Wrongful Death on the Behalf of the Deceased?
In wrongful death, the closest relative may claim negligent death on behalf of the deceased. The decedent’s relatives are allowed to pursue a death due to doctor’s negligence case. This is so that they don’t suffer financially due to the death of a loved one. The funds generated by an NHS negligence death claim are also there so that any pain and suffering may be eased. Furthermore, any mental suffering may be kept to the minimum due to a successful death by negligence UK claim.
Wrongful Death caused by Medical Negligence
Wrongful death in terms of medical negligence occurs when a medical or healthcare professional provided health care that was of a substandard level and has acted in a way that has resulted in the patient’s death. Medical negligence is the omission or act of a health care professional that the service provided was not of the standard set out in their code of conduct. As a result, they have breached their duties and have acted in a negligent way causing their patient further illness or injury as a direct consequence. And this may pave the way for victims to receive death by medical negligence payouts UK.
If medical negligence occurs and the patient passes away, then the health care professional or trust they are employed by may be liable for a medical negligence lawsuit. A family member may pursue the claim for wrongful death due to medical negligence for damages which include; pain and suffering, mental state, future financial matters etc. Each contributory factor will change the average payout for medical negligence resulting in death UK.
How to Make a Claim for Wrongful Death
Pursuing any compensation claim for death by hospital negligence or death by negligence UK is always best left to the experts. They have a network of knowledge and experience in dealing with such cases and can secure maximum compensation of death. When a family member dies in such tragic circumstances such as wrongful death, making a claim is probably the last process you want to enter in to but in fact by appointing us as your legal representation will mean that we deal with much of the work that is necessary and only need a little input from yourself. We can offer immediate assistance to those who need a solicitor who specialises in NHS negligence death claims. And they can begin your death due to doctor’s negligence claim right away. So please get in touch to discuss making a personal injury claim for medical negligence resulting in death compensation.
Making a Claim for Wrongful Death due to Medical Negligence
There are two types of cases that can be pursued when a person dies due to medical negligence wrongful death.
The first is a wrongful death case that the immediate family would pursue if a patient dies due to the negligent act of a health care worker. The family will argue that the deceased died due to the medical service that the health care worker provided and that how the health care provider conducted themselves was negligent. The patient should never have been subject to such poor treatment. If it can be proven that the health care worker acted so that another wouldn’t, they can be held accountable for their actions.
It is important to say that a compensation of death claim is not to receive a payout for the injuries suffered by the deceased or to claim for how the deceased passed away but for the pain and suffering of the family and damages that the family has or may incur.
The second type of claim that can be claimed for in the tragic event of wrongful death due to medical negligence can be the survivor claim. The family need to make a case that the deceased passed away due to the negligent behaviour from the health care worker providing supporting evidence in terms of other medical staff that the patient’s death should never have happened and would not have happened under the care of a different physician of the same capabilities.
Funds should be awarded in terms of compensation for the patient’s pain and suffering due to the negligent treatment regardless of whether they are still alive or have passed away. The health care worker responsible for the deceased death should still be liable and held responsible regardless of whether the patient survived the negligent treatment or passed away. The hospital or doctor in question should still pay the appropriate damages to form your death by medical negligence payouts UK.
What can be claimed for in a Wrongful Death Claim Case?
The most common damages that are awarded are those of the loss of financial support that was relied upon by the deceased family. If the deceased person were the main financial provider for the family and relied heavily upon the deceased’s financial support, they would be at a great financial disadvantage if that person was no longer present. It goes without saying that the pain and suffering suffered by the family when a person passes away due to wrongful death far outweighs the missing financial support. Still, compensation is necessary for the family to continue living in a financial state via a fatal accident compensation claim.
The court will also award damages for any funeral and medical expenses incurred so that the family are not out of pocket. If a person passes due to negligent behaviour, then they have died a tragic death, a death that could have been prevented and should have never happened in the first place. If a life is taken due to the behaviour and manner, then both the victim of the wrongful death and their families will suffer greatly. In some instances, the court will go as far as awarding families for grief, loss of services and companionship.
Actually, calculating the amount of death by negligence UK compensation awarded to the deceased’s family can be quite difficult to calculate and have different variables. In terms of the family receiving the same type of financial support they would have if the deceased would still be alive, the court would calculate how much money the deceased would have earned and times it by the number of years they would have continued working for. So, compensation of death could include:
- General damages;
- Medical and Funeral expenses plus other immediate expenses associated with death.
- Inheritance Loss caused because of untimely death.
- Loss of care & protection for the companionship of the family members or survivors.
- Pain and suffering and mental suffering to the family or survivors, including any necessary medical treatment.
- Loss of earnings and projected earnings by the victim for the future until retirement age.
- Loss of benefits because of the victim’s death ( disability payments, medical coverage, pension.)
Wrongful Death Compensation Amounts
Now, every wrongful death case for such situations as death by hospital negligence is different. So, estimating how much a person would receive would be quite difficult without investigating the NHS negligence death claim and bringing together all the different case variables. So, no two wrongful death cases are ever the same. And the amount of medical negligence resulting in death compensation that you receive will be different for each case.
However, our advisors can give you a rough calculation of how much compensation can be claimed for wrongful death clinical negligence cases. Note that there are variables that will impact the potential payout for death due to doctor’s negligence. Nevertheless, these are hypothetical death by medical negligence payouts UK.
Estimation of Wrongful Death Medical Negligence Cases
|Category||Wrongful Death||Min Amount Awarded||Maximum Amount Awarded|
|Death||£12,500*||£4500,000 plus||Awards for the pain and suffering of the deceased person as well as money for financial losses of their dependents, like loss of earnings.|
|Funeral Costs||Different Types of Funerals||£3,000*||£10,000* Or More|
|Pain and suffering||Every type of victims pain suffering is unique, and a lot can be agonizing pain.||£1,000*||£200,000* Or More||This can be calculated by the amount of pain and how long the pain lasted.|
|Loss of benefits caused by the victim’s death, Pensions etc.||£5,000*||£500,000* Or More||Each Pension can be worth a different amount.|
|Loss of victim’s anticipated earnings calculated by future earnings.||£10,000*||£400,000*||The amount of compensation would be calculated using the victim’s wages.|
|Loss of care, protection, companionship for the family members.||In cases, many family members have been dependent on the deceased victim.||£2,000*||£100,000* Or More.|
(Please note all death by negligence UK figures are estimates. These are not necessarily final figures of an average payout for medical negligence resulting in death UK.)
More Information on Medical Negligence.
Medical Negligence Resulting In Death Compensation FAQs
What is the average payout for medical negligence?
What is considered wrongful death malpractice?
This could be any scenario where somebody’s negligence brings about a person’s death or causes harm after they’re dead.
How long does an NHS negligence claim take?
The claims process for NHS Trusts generally takes around 18 to 24 months to result in death by medical negligence payouts UK.
How much does the NHS pay in negligence claims?
The NHS pays around £83 billion in an average year to cover all compensation claims, including the legal costs for NHS legal representatives.
What are the odds of winning a medical malpractice suit?
If you have strong supportive evidence of any fatal injuries, then the chances of winning such a claim are at around 50%.
Should I accept the first offer of compensation?
We recommend that you don’t accept the first offer as it almost always leads to a larger follow-up offer.
What are the stages of a medical negligence claim?
So, there’s the first enquiry, a medical assessment, the negotiation process, a court trial if necessary, and finally, the settlement agreement.
What happens if I reject a settlement offer?
If you do this, you can’t accept that compensation of death offer later in time. A previous offer rejection could also alter the average payout for medical negligence resulting in death UK.
Thank you for reading our guide on medical negligence resulting in death compensation and death by medical negligence payouts UK. We hope you now have more information when it comes to NHS negligence death claims/death by negligence UK claims. But please get in touch if you have any questions about death by hospital negligence compensation claims/death due to doctor’s negligence.