Farm Death Compensation Claims
If a member of your family has been fatally injured in a farm accident in the UK due to the negligence of somebody who owed them a lack of care, it should be possible to make farm death compensation claims to ensure that you are not made to suffer financially for a fatal accident which should not have been allowed to occur.
Agriculture is one of the most dangerous industries in the UK, and each year there are many fatal accidents. Agriculture is the riskiest industry to work in according to the Health and Safety Executive, and although relatively few workers are employed in agriculture in the UK, the industry has a disproportionately high accident rate. Only 0.6 percent of workers in the UK are in the agriculture sector, yet the industry accounted for 11 percent of all deaths in the workplace between 2010 and 2011.
When Are Farm Death Compensation Claims Possible?
The death of a loved one is a tragic and highly traumatic event, and it is perfectly acceptable for the family to want answers and repercussions for any person who was responsible for a fatal accident occurring. Following any fatal accident on a farm the police and the Health Service Executive will conduct an investigation, and a fatal accident coroner’s inquest will be held to determine the cause of death. An employer may be found to have been criminally liable for an accident, and apologies will no doubt be made when an accident occurred which was not caused by criminal negligence.
However for dependents of the deceased and relatives of a loved one, answers alone will not be sufficient. A fatal accident will have serious financial implications, and farm death compensation claims will be necessary to ensure that the family of the deceased is not made to suffer financial hardship as a result. Claims for wrongful death on a farm are covered under the Fatal Accident Act 1976, and farm death compensation claims can be made by the closest family member of the deceased. In order for farm death compensation claims to be made, it must be determined that the fatal accident was caused by third party negligence; either negligence on the part of an employer, that of the farm owner, or even the manufacturer of farm equipment if its failure caused fatal injuries to be sustained.
Due to the complicated nature of claims for farm death compensation, a specialist personal injury solicitor should be used to pursue a claim and it is recommended that legal advice be sought as soon as possible after the fatal accident has occurred to maximise the chances of success of claims for wrongful death on a farm.
Who Can Make Farm Death Compensation Claims?
There are three types of farm death compensation claims which can be made. A claim can be made on behalf of the estate of the deceased; farm death compensation claims can be made by close relatives for bereavement, or by any dependents of the deceased. A dependent can be a child of the deceased, the spouse, parents, brothers or sisters or close relatives. It is even possible for cohabiting partners or same sex partners to make farm death compensation claims in the UK. The Fatal Accident Act 1976 sets out the laws on who is able to make claims for farm death compensation; however it is best if a personal injury solicitor with experience of making claims for wrongful death on a farm is consulted about initiating farm death compensation claims.
Obtaining Evidence of Wrongful Death
A post mortem will take place after a fatal farm accident, and the coroner’s report plays an important part in any farm death compensation claims which follow; however the coroner’s report will rarely be sufficient in itself to ensure that farm death compensation claims are successful. Evidence will need to be collected from the Health Service Executive to demonstrate that the death was caused by third party negligence and proof of earnings and proof that dependents were actually dependent on the deceased for monetary support must also be provided.
At a time when the family is in a period of mourning, making farm death compensation claims can be particularly difficult and traumatic. When a personal injury solicitor is used to pursue farm death compensation claims, the legal process and the collection of evidence is far less stressful, and the strongest possible case can be prepared on behalf of the family.
Farm Death Compensation Claims for Occupational Illnesses
Farm death compensation claims can be made for fatal farm accidents, but compensation can also be claimed when death has been caused by a fatal illness which is contracted in the workplace. Farmer’s lung, COPD, emphysema and respiratory cancers can also be the basis of farm death compensation claims in the UK. When a claim for farm-related illness compensation has been commenced by the deceased and has yet to be resolved, it is possible for the relatives of the victim to continue to pursue the claim.
If a claim for compensation had not been initiated previously, it is of paramount importance that a fatal injury compensation solicitor is contacted immediately to ensure that a farm accident compensation claim can be initiated within the legal timescale dictated by the UK Statute of Limitations.
Time Limits for Making Farm Death Compensation Claims
It is important that legal advice is sought about recovering compensation for a fatal accident and that it is sought promptly. Farm death compensation claims can only be made within a strict time period as governed by the Statute of Limitations. This is set at three years from the date of the fatal farm accident. Since farm death compensation claims may take some time to prepare before they can be filed, it is important not to delay the legal process. When claims are not filed within the correct time period, the right to make farm death compensation claims will be lost.
No Win No Fee Farm Death Compensation Claims
When faced with an uncertain financial future, relatives of the deceased may not be in a position to pay to make farm death compensation claims, especially when there is a risk that the claim may not be successful. In many cases however, farm death compensation claims can be made on a No Win No Fee basis. This conditional fee agreement sees a personal injury solicitor waive legal fees in the event that the claim cannot be won. Since successful farm death compensation claims will see compensation awarded and legal fees covered by the insurance company of the defendant, the costs of farm death compensation claims are often minimal.
Not all farm death compensation claims qualify for No Win No Fee legal representation, as this conditional fee agreement is only offered on claims which have a strong chance of success. To find out if you are able to make a farm death compensation claim on a No Win No Fee basis you should speak with a personal injury solicitor.
All articles are written or edited by Eoin Campbell.