Wrongful Death Compensation

{ "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "What is a medical negligence nervous shock claim?", "acceptedAnswer": { "@type": "Answer", "text": "A nervous shock claim can arise as a result of you witnessing a traumatic event, which results in you suffering a recognised psychiatric illness. The majority of medical negligence nervous shock claims are brought by family members of the injured or deceased person as a result of that person’s death or witnessing a loved one being injured or put in peril at the hands of medical professionals or healthcare providers. In order to be entitled to bring a medical negligence nervous shock claim for the psychiatric injuries you have suffered you must satisfy one of the following criteria: Have witnessed, at the scene, the victim being killed, injured or put in peril. Be a parent of the victim or a person with parental responsibility for the victim. Be a spouse or partner of the victim. Be a child or stepchild of the victim or a person for whom the victim has parental responsibility. Be a brother, sister, half-brother or half-sister, or step-brother or step sister of the victim." } }, { "@type": "Question", "name": "What can I claim in a medical negligence compensation to relatives claim?", "acceptedAnswer": { "@type": "Answer", "text": "The persons who were dependent on the deceased person will be entitled to claim compensation. The rationale behind a compensation to relatives claim is that the dependants would have derived some financial benefit from the deceased person had the medical professional or healthcare provider not been negligent and the deceased survived. The dependants are also entitled to receive compensation for the domestic services that would have been provided to them by the deceased, but for his or her death. This may include domestic, household, property maintenance, as well as help with homework and babysitting. All of these services can be claimed at a commercial rate on the basis that they would be provided by a commercial care provider. In other instances, where the deceased held a trade or another qualification, the commercial value of that particular service in line with the deceased’s trade or qualification can be claimed on the basis that the deceased would have, but for his or her death, carried out those activities himself or herself at no cost to the dependants.Example: If the deceased was a dentist, it can reasonably be expected that he would have performed dental treatment on the dependents or family members free of charge. Therefore, the costs of that treatment is recoverable on a commercial basis, as it can no longer be provided free of charge. The dependants of the deceased are also entitled to make a claim for the costs of any medical treatment the deceased received in the lead up to his or her wrongfully or negligently caused death and for any funeral expenses. In summary, the compensation that can be recoverable in medical negligence compensation to relatives claims is limited to the following: Loss of financial support. Loss of domestic services. Medical expenses (for present and future medical care) Funeral costs. You cannot recover damages for pain and suffering for loss of a loved one as part of the compensation to relatives claim. You cannot recover damages for your pain and suffering as a result of losing a loved one as part of a compensation to relatives claim. If, however, you have suffered a recognised psychiatric injury as a result of losing a loved one you will be entitled to make a medical negligence nervous shock claim." } }, { "@type": "Question", "name": "What can I claim in a medical negligence nervous shock claim?", "acceptedAnswer": { "@type": "Answer", "text": "Compensation in medical negligence nervous shock claims include the following: Non economic loss, which consists of pain and suffering, loss of amenities of life, loss of expectation of life and disfigurement. Past and future treatment expenses, which consist of medical, hospital, nursing or other like treatment expenses as well as pharmaceutical and other ancillary and incidental costs. Past and future care and assistance, provided you have a sufficient level of disability that prevents you from performing work around the house or you require assistance with your personal and domestic care tasks. Past and future economic loss or loss of earning capacity, such actual economic loss [i.e. loss of income, such as wages or salary] that you suffered in the past as a direct result of your injuries and continuing disabilities and any likely future loss of earnings as a result of your diminished earning capacity or ability to compete in the open employment market. Read more information about medical negligence entitlements in our blog." } } ] }