Fatal Medical Negligence Solicitors — Wrongful Death Claims for Bereaved Families

No — a civil medical negligence claim can proceed independently of any Coroner's investigation. However, where an inquest is held, the evidence gathered — post-mortem findings, expert evidence presented at the inquest, and witness testimony under oath — can be highly valuable in the civil claim. A solicitor can instruct a barrister to represent the family at the inquest, ask questions of clinical witnesses, and secure evidence that will support the subsequent compensation claim. An inquest conclusion of "neglect" does not guarantee success in the civil claim but creates a strong evidential foundation.

Yes. A Duty of Candour apology (Regulation 20 of the 2014 Regulations) is not a legal admission of liability and does not affect your right to claim compensation. It acknowledges that a safety incident occurred — it does not determine whether the trust was negligent or what the value of the claim is. A solicitor pursues the civil claim independently, using the clinical records and independent expert evidence rather than relying on the trust's own acknowledgment.

Causation requires proof that, on the balance of probabilities (more likely than not — greater than 50%), the medical negligence caused or materially contributed to the patient's death. An independent expert in the relevant specialty assesses: what would have happened if the correct care had been given? If, with proper sepsis treatment, the patient would probably have survived, causation is established. If the patient would have had only a 40% chance of survival even with correct treatment, causation may fail unless a material contribution argument is available. A specialist solicitor and expert team develop the causation strategy for each individual case.

Yes — adult children are listed dependants under the Fatal Accidents Act 1976. However, to recover a substantial dependency award they must show financial or services dependency on the deceased at the time of death. Adult children who were financially independent of the deceased may have more modest claims for loss of services. All adult children also benefit from any share in the estate claim under the Law Reform Act 1934 (subject to the terms of the will or intestacy rules). A solicitor assesses the dependency position of each child individually.

The claim must be issued within 3 years of the date of death — or, if later, 3 years from the date when the claimant first knew or ought to have known that the death was caused by negligence. For the estate claim, the limitation is the longer of 3 years from death and the period remaining on the deceased's own limitation period at the date of death. A solicitor confirms the applicable limitation periods at the outset — where limitation is running, proceedings can be issued to protect the claim while negotiations continue.