Is it possible to make a claim for death during an operation for my husband who died if I was dependant on his earnings?
It may be possible to pursue a claim for death during an operation for your husband if you were dependent on his earnings. However it would be in your best interest to contact a solicitor with experience in dealing with claims for death due to an operation at the first possible opportunity to receive professional legal advice. Medical negligence claims can be complicated at the best of times and death during surgery compensation claims could be especially complicated. It will have to be established that your husband’s death was due to medical negligence and not because of natural circumstances. By discussing your potential claim with a solicitor they will be able to begin the process for establishing negligence and will also be able to give you relevant advice about your particular situation that will put your mind at ease.
There are a number of areas that can be compensated for when making a claim for death during an operation. Your solicitor will inform you of the specific areas that will be relevant to you and your husband’s situation when you consult with them. In your case, it may be possible to claim for funeral expenses and also for the fact that you were dependent on his earnings. If you are able to establish that you and any children who were minors were dependent on the money that he provided, this loss should be covered in your death during surgery compensation claim.You will only be able to receive a certain amount of the money that he would have earned due to the fact that his own personal spending will be taken into account. Additionally, if your husband played a large part in a domestic role then this may also be compensated for.
You may also be entitled to bereavement compensation which is a separate area of claim to the claim discussed in the previous paragraph. Because of the Fatal Accidents Act established in 1976, there is an amount limited to £11,800 that can be claimed by spouses of someone who died due to medical negligence. There is also a time limit of three years to make a death during surgery compensation because of this Fatal Accidents Act. The three years generally either begins on the date that death occurred or the date that the cause of death becomes known.
You should try to contact your solicitor as soon as possible. Once they have knowledge of the circumstances of your husband’s death they will be able to provide you with more relevant and specific information than is provided here. Therefore it would be advisable to make an appointment for a consultation to discuss your claim for death during an operation at the first possible moment.