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The death of a family member is often a traumatic experience, and it can be especially difficult if their passing is unexpected as a result of an accident. Under these circumstances it may be possible to claim compensation for loss of society, which is the loss of a relative’s present and future company and guidance.

In Scotland, a loss of society claim (also known as bereavement damages) is awarded in accordance with the Damages Scotland (Act) 2001, and there is no legal limit to the level of award a person(s) may receive.

Claims are dealt with on a case by case basis, taking into account a number of factors including the strength of the relationship, and the emotional and psychiatric impact the loss of the deceased has had on the surviving relative, spouse or partner.

A loss of society claim can be made by, spouses and civil partners; parents and children; siblings; grandparents and grandchildren. Step-family (parents, siblings and grandparents) are also able to make a claim, as are those who were treated by the deceased (or treated the deceased as) members of their household.

Damages for bereavement cover:

  • distress and anxiety endured by the deceased relative in contemplation of their suffering before death;
  • grief and sorrow of the relative caused by the deceased’s  death;
  • the loss of such non-patrimonial benefit as the relative might have been expected to derive from the deceased’s society and guidance if they had not died.

Children in utero at the time of their sibling’s, parent’s or grandparent’s death are also able to seek compensation for their loss. If you have lost a relative in an accident and would like more information on whether you can make a claim get in touch with our expert personal injury solicitors who would be happy to help. We have a specalist team of solicitors who deal with claims relating to the death of a loved one. We have secured damages for a family after their relative was killed in a head on collision. We have also dealt with several fatal road accidents abroad, and have helped families secure damages. David Armstrong obtained compensation for a family whose parents were both killed in a road accident in Greece.

If you think you have a claim and wish advice you can contact us on 0800 988 8082 or complete our online enquiry form.

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