Claiming for someone who has passed away

Helping you get the answers you need

There are a number of different circumstances in which you might want to contact us to assist you with a claim for a loved one who has since passed away. It may be that they suffered some form of negligence prior to their passing that caused them unnecessary pain and suffering, or it may be that you suspect negligence actually contributed to their death.

About your claim

When a family member passes away, you already enter what can be a complex and stressful legal situation. Different areas of the law cross paths, and the thought of investigating a potential negligence case may leave you feeling too overwhelmed to do anything about it. That’s why we aim to keep things as simple and clear as possible for you.

We can provide you with expert advice on probate (as we have a specialist in-house team dealing with this area of law) and more specifically, we can help you bring a claim on behalf of a family member or a friend.

How do I make a claim?

The process is very simple. The first thing to do is to call us and tell us what happened. Your call will be treated on a no-win, no-fee basis with no up front fees and you will get dedicated support from the first call.

Our team will ensure that all the relevant information available is obtained from you. Once the team has listened to what has happened and taken all the details they need, these details are passed to our legal team to confirm whether or not you have a case.

Our expert lawyers will give you dedicated support from the first call to the handling of your case. We understand how difficult it can be to go through a medical trauma, and how it can be even more traumatic to see a family member suffer as the result of another person’s negligence.

We will let you know as quickly as possible if you have a claim and you will be treated in a friendly and caring manner at all times and in the strictest confidence.

Can I claim for dependents?

As well as claiming on behalf of a deceased family member, you may also be able to claim for dependents who have been left without the person who was their main provider. This “dependency claim” is something we can help you with so that your financial pressures can be eased at a time when things are already probably pretty tough.

First steps to a claim

There is some important information you will need and it will help if you can obtain this before contacting us:

  • If there is a will – we will need to know who the executor of the will is. A claim on behalf of the deceased is brought by the executors of the will on behalf of those named in the will (the estate/the beneficiaries).
  • If there is no will – it is likely that you will have to apply for ‘letters of administration’. This is something that the family may be looking at already, or may have already been obtained. We are happy to help and provide you with advice and we can discuss this when you contact us.
  • If there is a will, but you are not named in the will nor the executor of the will, it may not be possible for you to bring a claim on behalf of the deceased. The claim is usually made by the executors of the will, on behalf of the beneficiaries in the will. Again, we are happy to discuss this and provide advice.
  • However, you may still have a dependency claim, which means that while you cannot claim on behalf of the deceased for what happened to them, you can claim as someone who was dependent on that person and the position their death has left you in. Of course, people who are in the will can also have a dependency claim.
  • It will be useful for you to have a copy of the death certificate with you when you contact us. In particular, we will need to know what is listed as the cause of death and the date of death. If you do not have a copy of the certificate, please get these two bits of information as they are stated on the certificate. This is vital for us to assess the case.
  • We always work on a no win no fee basis, and guarantee that if the case is not successful then you will not have to pay a penny for us to investigate your case. This is the same whether the claim is for yourself or on behalf of someone who has passed away. It costs nothing to find out if there is a case.
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