No win no fee claim following death of my husband

[Peachblossomtime]

I've name changed for this and will have to be rather vague about the details as a criminal prosecution is being prepared against the organisation that are thought to be responsible for my husband's death, for their failure to comply with clear Health and Safety Executive legislation.
He died last year and I would like to understand a little bit more about how I can pursue a civil claim for damages, such as loss of his earnings etc.

Does anyone here know if I have to wait until the criminal prosecution has been completed before I can share all the evidence that has been collated by the investigators in order ro make a civil claim?
(I don't actually have the evidence yet, but have been told I will have access to it before the trial as part of the disclosure process.)
The inquest has not been held yet either, so does this make a difference?
And due to delays in the judicial system I've been told by the prosecuting team that it may be a couple more years before either the trial or inquest takes place.

Finally, and sorry it's a long one, how do I go about finding a 'good' firm to take this on? I live in the South East

Sorry to hear this. What a terrible situation to be in.

Was your husband a member of a Trade Union that might be able to help you?

Thanks for replying @NewIdeasToday good sugestion, no he wasn't and the incident happened in a public place whilst he was pursuing the ever secretive mumsnet hobby! But in this case I genuinely can't say what the hobby was as it's material to the criminal prosecution. But imagine it's something like paragliding or sailing, or flying where close oversight of trainers, helpers, participants and equipment is essential.

I’m bumping this, just in case someone has some advice.

Hi OP, ex solicitor here. You don't need to wait and indeed it will probably be more helpful if you don't. If I were you I would instruct a solicitor now. Take a look at a few firms, look at the reviews etc and see who will give you the best deal, but also who you gel with more (most important IMO). Making an enquiry will be free and you've nothing to lose and potentially a lot to gain

I would research any no win no fee solicitors specialising in personal injury;
contact a local solicitor. All good solicitors will be happy to confirm if they are able to help with your legal issue, and point you in the right direction if it concerns a practice area that they do not cover.

Sorry you're going through this 💐

Sorry for your loss OP, Irwin Mitchell are a great PI firm. You could try giving them a call, I'm sure they'll do at least an initial consultation at no cost.

I agree with @MrsHsGirl you should instruct solicitors now - not least because they may take a view that you/ your husband's dependents should be represented at the Inquest. Sometimes asking the right questions at an inquest can help a civil claim substantially.

There will probably be two parts to the claim - one is the claim of any dependents and the other is the claim of your husband's estate (which will be lower in value) but may cover things like pain and suffering prior to death if applicable and funeral costs.

The limitation period generally to bring a civil claim for personal injury/injury resulting in death is 3 years so you definitely don't want to just sit on it. I say generally because there are exceptions - for example injuries on planes/ships is much shorter and lack of knowledge can be longer.

The Limitation Act is an act of parliament that says if you don't issue legal proceedings by a specified time then the expiry of that time is a total defence to the case. In layman's terms, you lose the case if you delay longer than the period of time allowed by the Act of Parliament - so don't hang around. It's usually helpful to get lawyers involved earlier rather than later.

I'm not an authority on this. Will just say that I tried this a bit over my late mother - when she was alive - and felt that if you are going up against the State or a nursing home aligned with the State (local authority) then their aim is often to run the clock down. There's a three-year limit I think on doing a case on no win no fee. I think they get you tied up with an official complaints procedure - you may think, that's fine, I'm no gold digger - and by the time you realise you're being strung along and won't get anywhere, the time limit has elapsed. If, however, you twig that that's their plan, well, that's okay because you just told them everything you know, which they can hand over to the relevant accused and their defence counsel.

Even some law firms I have to suspect are in league with the big guns.

Don't know if that applies in your case, of course. But you are better off if your claim is against a civilian or private individual.

I can personally second this recommendation , make contact with them .

Check your house insurance if you've legal cover, many cover this.

Thank you all so much for taking the time to reply.
Funnily enough Irwin Mitchell was on my horizon when I started looking just last week, but I now realise I have to get a move on.
Understandably it’s taken me a while to gather up the emotional resources to take this forward, but take it forward I must.
@WigsNGowns your advice about representation at the inquest is most welcome, and to be honest I’ve been filing that episode in the ‘this will be really, really hard’ pile.
The claim will be against a limited company, not a government or local authority body, and to be honest, it’s the LA that is leading and pushing for the prosecution and they have been absolutely amazing, so thorough and supportive.
I just wish I had some certainty about the prosecution and the inquest, but quite frankly it could be another 1 or 2 years, and that’s hard.

@notapizzaeater I have got a call lodged to them, but I’ve got a feeling they may not take it on because I renewed after the event and didn’t disclose his death or the fact I may be needing to make a claim.
But to be honest, my focus this last year has been on getting up every day, brushing my teeth and showing up for work, that and supporting my DC.

@Peachblossomtime I was really surprised my insurance took mine in tbh but they have (and been great - but I darent change insurance companies now till it's all over)

Slightly Different but I'm going through a personal injury claim

But via my household insurance

I'm wondering if you could have a claim via your dh death (so sorry) via your household insurance

I don't have to pay anything and their fees are paid by the company I'm claiming against

Just a thought if you weren't sure who to go with :can afford it

Ditto lol

Tho tbh their policy costs aren't costly

So sorry for your loss OP. I was going to suggest Irwin Mitchell too. I'm a solicitor (though this isn't my field) and they have a really good reputation for this sort of claim.
Don't wait, for all the reasons others have posted. If there is a successful prosecution it will bolster your civil claim but you can still get going with it now.

Thank you both @Blondeshavemorefun and @notapizzaeater fingers crossed my insurance will take it on, but when I read the policy document more closely over the weekend it could be a close call.
But I can also explore the suggestions that kind folks have made here.

I’ll come back and update in due course, and once again thanks to everyone
This Mumsnet nest of vipers can be so incredibly helpful and well informed 😉

Leigh Day is another firm you could try

Another recommendation for Irwin Mitchell here. Wishing you all the best op x

So sorry for your loss OP.

I also recommend Irwin Mitchell, and another good one in the same area is Stewarts.

My relative was catastrophically injured in a workplace accident, left paraplegic. The employer was prosecuted but that moved very slowly and we had the civil claim done and dusted (settled by negotiation) long before the criminal prosecution came to court.

Another recommendation for Leigh Day. I know 2 lawyers who have PI cases and they have both chosen Leigh Day. But yes - in general terms you need to issue the claim within 3 years.

I had an odd experience with Leigh Day - but this was over my mother being harmed by a care home.
They said it was no win no fee. But when I pressed them to clarify that it wouldn't actually cost me anything, they wouldn't confirm that. Costs can still be incurred, for instance for disbursements I think it's called - photocopying and stuff. It may only run into hundreds of pounds but even so. I raised this with them and they were very receptive, said they had taken out insurance for me on this issue as I'd raised it. Which made me think, okay, so why didn't you do that in the first place rather than waiting for me to raise it? Finally, I did try to nail down whether there would be any cap of what I would have to pay and they just refused to do that so after much faffing I dropped it. I got a very odd letter from them basically just reiterating what I'd told them in an email.

The woman I was liaising with was formerly with the Nurse & Midwifery Council - at the time I saw this as a boon, it being a State regulator, sadly going through the complaints process has one doing a 180-degree about turn - I now recognise it as wholly corrupt. I wouldn't be surprised if Leigh Day hadn't been infiltrated in some way, if that would even need to happen given the revolving door in the public sector and beyond. Hence my cynicism.