Loss of Society – Who Can Claim?

In the unfortunate event of a fatal accident, or a death from an occupational disease, the grief and emotional toll on loved ones can be overwhelming.

In Scotland, the law recognises the impact of such a loss and allows certain individuals to claim for “loss of society.” This legal remedy acknowledges the emotional and relational value of the deceased and aims to provide compensation to those left behind.

What is Loss of Society?

Loss of society is a legal term used in Scotland to describe compensation awarded to family members for the emotional and relational loss they suffer following the death of a loved one due to negligence. This type of claim is governed by the Damages (Scotland) Act 2011, which provides a legal framework for who is eligible to claim and what factors are considered in determining compensation.

Who Can Claim?

The law specifies a range of family members who are entitled to claim for loss of society. These include:

Spouse or Civil Partner
The surviving spouse or civil partner has the right to claim for the loss of companionship, love, and support.

Children
Biological and adopted children can claim for the loss of guidance, care, and emotional support from the deceased parent.

Parents and Guardians
The parents or legal guardians of the deceased can claim for the loss of their child’s love, companionship, and future care.

Siblings
Brothers and sisters may also be eligible to claim, recognising the emotional bond shared with the deceased.

Grandparents and Grandchildren
In some cases, grandparents and grandchildren can claim if there was a significant relationship of love, care, or dependency.

Other Relatives
Certain other close family members may be eligible if they can prove a significant and meaningful relationship with the deceased.

What Factors Are Considered?

When calculating the amount of compensation for loss of society, the court considers:

The nature of the relationship with the deceased.

The emotional and practical impact of the loss.

Previous case law and standard compensation amounts for similar claims.

Types of Negligence in Loss of Society Cases

When pursuing a loss of society claim in Scotland, it’s essential to establish that the death resulted from negligence. This requires proving that another party failed in their duty of care, directly causing the fatality. Below, we outline common types of negligence that can lead to such claims.

Road Traffic Accidents

Negligence in road traffic accidents is a leading cause of fatalities, often involving:

Reckless driving, such as speeding or tailgating.

Driving under the influence of alcohol or drugs.

Distracted driving, such as texting or using a mobile phone.

Failure to obey traffic laws, including running red lights or ignoring pedestrian crossings.

Drivers, motorcyclists, cyclists, and pedestrians all have a duty of care to others on the road. A breach of this duty can result in a fatal accident, giving rise to a claim.

Medical Negligence

In healthcare settings, negligence occurs when a medical professional fails to meet the required standard of care, leading to a patient’s death. Examples include:

Misdiagnosis or delayed diagnosis of a critical condition.

Surgical errors, such as operating on the wrong site or leaving surgical instruments in the body.

Medication errors, such as incorrect dosages or prescribing the wrong medication.

Failure to provide timely treatment in emergencies.

Medical negligence claims often require expert testimony to establish that the care provided fell below acceptable standards.

Workplace Accidents

Employers are legally obligated to provide a safe working environment. Fatalities caused by workplace negligence often involve:

Unsafe working conditions, such as inadequate protective equipment or poorly maintained machinery.

Failure to provide proper training or supervision.

Exposure to hazardous materials without appropriate safety measures.

Neglecting health and safety regulations, leading to falls, explosions, or other accidents.

In these cases, employers or third-party contractors may be held responsible.

Public Liability

Fatal accidents can also occur in public spaces due to the negligence of property owners or managers. Examples include:

Slip and fall accidents caused by wet floors, uneven pavements, or poor lighting.

Falling objects in shops or public buildings.

Defective or unsafe structures, such as collapsing stairs or railings.

Property owners have a duty of care to ensure their premises are safe for visitors.

Product Liability

Negligence in the design, manufacture, or marketing of products can result in fatalities. Examples include:

Defective vehicles causing accidents.

Faulty electrical appliances leading to fires.

Toys or baby products posing choking or strangulation risks.

Manufacturers, suppliers, and retailers may be liable for deaths caused by unsafe products.

Environmental Negligence

Environmental negligence occurs when companies or individuals fail to manage risks that endanger lives, such as:

Industrial pollution causing fatal illnesses.

Unsafe construction sites leading to structural collapses.

Flooding or landslides caused by poor land management.

How to Prove Negligence

To establish negligence in a loss of society case, your solicitor will demonstrate:

Duty of Care: The at-fault party owed a duty of care to the deceased.

Breach of Duty: This duty was breached through negligent actions or omissions.

Causation: The breach directly caused the fatality.

How to Make a Claim

If you’ve lost a loved one due to negligence, pursuing a loss of society claim in Scotland can help provide some financial support during a difficult time.

However, understanding the claims process is essential to ensure your case is handled effectively and with sensitivity. Below, we outline the key steps involved in making a loss of society claim.

In addition to Loss of Society claim there can also be a claim for loss of financial support for the spouse or civil partner and children or siblings.

This is very much dependent on a family’s circumstances and make up, but Oakwood Scotland Solicitors can direct and advise you accordingly.

Step 1: Initial Consultation with a Solicitor

The first step is to consult an experienced solicitor who specialises in personal injury and fatal accident claims. During this meeting, your solicitor will:

Review the circumstances of the death.

Identify whether negligence is involved.

Determine your eligibility to make a claim under the Damages (Scotland) Act 2011.

At this stage, your Solicitor will explain your rights and outline the potential compensation you may be entitled to.

Step 2: Investigation and Evidence Gathering

To build a strong case, your solicitor will gather evidence to establish negligence. This can include:

Police and accident reports.

Medical records or post-mortem results.

Witness statements.

Photographs, videos, or other documentation of the incident.

Additionally, your Ssolicitor will assess the relationship between you and the deceased to quantify the loss of society claim and any claim for loss of financial support.

Step 3: Establishing Liability

The next step is to prove that the responsible party’s negligence caused the death. This involves demonstrating:

Duty of Care: The at-fault party owed a duty of care to the deceased.

Breach of Duty: The duty of care was breached (e.g., through unsafe actions or omissions).

Causation: The breach directly led to the fatal incident.

Your solicitor will use the gathered evidence to establish liability on your behalf.

Step 4: Calculating Compensation

Once liability is established, your Solicitor will calculate the compensation owed for your loss of society claim. Factors include:

Emotional grief and suffering.

Loss of companionship and support.

Past compensation awards in similar cases.

Loss of financial support.

The claim may also include financial losses, such as loss of income or funeral expenses, depending on your circumstances.

Step 5: Negotiation and Settlement

Most loss of society claims are resolved through negotiation with the responsible party or their insurer. Your solicitor will handle these discussions to secure the best possible settlement for you.

Step 6: Court Proceedings (if necessary)

If a fair settlement cannot be reached, your Solicitor may recommend taking the case to court. In this instance, your legal team will:

Represent you in court.

Present the evidence and arguments to a judge.

Advocate for a fair compensation award.

Step 7: Receiving Compensation

Once an agreement is reached, whether through settlement or court ruling, you will receive the compensation. Your solicitor will guide you through this process, ensuring all terms are fulfilled.

Why Choose Oakwood Scotland Solicitors?

At Oakwood Scotland Solicitors, we understand how emotionally challenging this process can be. Our experienced Solicitors provide compassionate, clear, and professional advice at every stage of your claim. We also have an Accredited Specialist in Personal Injury Law here to ensure your voice is heard and your rights are upheld.

Contact us today for a free, no-obligation consultation to discuss your case. Let us help you secure the justice, compensation and support you deserve.