What is a Fatal Road Accidents Claim?
A fatal accident claim is brought by the estate and dependants of someone killed in a road traffic collision. Irish law recognises two main types of compensation: mental distress ("solatium") for close family members, and dependency damages for loss of financial support and services the deceased provided. The Civil Liability Act 1961 governs these claims.
Am I Entitled to Claim?
Dependants of someone killed on Irish roads can claim if another party was responsible. "Dependants" includes spouse, civil partner, children, parents, grandparents, grandchildren, brothers, sisters, half-brothers, half-sisters, and those who were wholly or partly financially dependent on the deceased. Solatium is capped by statute and shared among close family.
Step-by-Step Process
Time and Space
There is no immediate rush. We usually advise waiting a few weeks before beginning the legal process.
Grant of Representation
The estate needs a grant of probate or administration. We can handle this or work with your existing solicitor.
Gardai and Coroner
We obtain the Garda file and the Coroner’s report. These are essential to establishing liability.
Dependency Calculation
We work with actuarial experts to calculate the loss of financial support for dependants.
IRB Application
Most fatal claims go through the Injuries Resolution Board first, even when court is likely.
Resolution
Claims are usually resolved by settlement. Court hearings are rare and we prepare the family carefully if needed.
Evidence That Strengthens Your Claim
The stronger the evidence, the more straightforward the claim. Where possible, gather the following:
- Grant of probate or letters of administration for the deceased’s estate
- The Coroner’s report and any inquest findings
- The Garda file on the collision including witness statements
- Proof of the deceased’s earnings, tax records, and financial contributions
- Evidence of services the deceased provided (childcare, home care, etc.)
- Birth, marriage, and civil partnership certificates establishing dependency
- Funeral and related expense receipts
Compensation Ranges
Fatal accident compensation is complex and highly individual. Dependency calculations use the deceased’s age, earnings, life expectancy, and the dependants’ circumstances. We arrange a sensitive, no-obligation consultation to explain what is likely involved.
Frequently Asked Questions
The two-year limitation runs from the date of death, but there is no rush to start in the early weeks. We are here when you are ready. An initial conversation does not commit you to anything and we understand how sensitive these cases are.
The Civil Liability Act lists spouses, civil partners, children (including step-children), parents, grandparents, grandchildren, brothers, sisters, and half-siblings. Those with a financial dependency on the deceased have the strongest claim.
Dependency compensation replaces the financial support the deceased would have provided. That includes income share, pension contributions, housing costs, and services like childcare or home maintenance. An actuary projects these values across the dependants’ needs.
No. Most fatal accident claims settle, often through the IRB or direct negotiation once liability is established. Court proceedings are used where liability is strongly disputed or where the insurer will not make a reasonable offer.
Civil and criminal proceedings run on parallel tracks. A criminal conviction can assist a civil claim, but civil claims usually proceed independently. If a criminal trial is imminent, we sometimes pause the civil case to avoid evidential complications.
No. The initial consultation at Keans is free. For personal injury cases we discuss all fees in writing before work begins. In contentious business, Irish law prevents solicitors from calculating fees as a percentage of your award or settlement.