Inquests and the possibility of bringing a civil claim
We are solicitors whose role involves supporting families through the inquest process or during a claim for damages where someone has died as a result of negligence. Being there to ease the burden during a difficult process is an important role, and something we consider a real privilege.
We can be instructed at any time of the inquest process – sometimes almost immediately after someone has died and been told that their loved one’s death is being investigated, and at the other end of the spectrum, sometimes just a few days before the final inquest hearing.
Funding legal representation for an inquest, where public funding (Legal Aid) is not available, is often achieved through anticipation of bringing a claim for compensation following the inquest, providing the threshold for the relevant legal tests is met. Generally speaking, if the claim succeeds (if compensation is recovered), then the Defendant responsible pays for the legal costs as well as the compensation. This means that the inquest process also serves as an important forum for gathering evidence which may be relevant to a subsequent claim, as well as being an important fact-finding investigation in its own right.
It's important to understand that whilst the evidence gathered at the inquest can be used to bring a claim, the two processes are distinct and a key aspect of our role advising families is to clearly explain the interaction between the two and how they differ. We find that for the majority of our clients, their main objective is not financial settlement that can be reached through a claim, but answers, accountability and the hope that what has happened to their loved one does not happen to someone else. That said, financial compensation can be hugely important, especially where the family have lost financial security as a result of the death, in addition to the myriad other emotional and practical impacts.
The inquest process involves a Coroner, and sometimes a jury, scrutinising the evidence to better understand how the person came by their death. As well as determining the cause of death, the Coroner has a duty to write a report highlighting concerns if they have reason to suspect there is an ongoing threat to other lives, such as due to an unsafe system or working practice in place. Prevention of Future Deaths reports are an important tool for bringing about positive change and striving for no other family to go through the same thing, which is a priority for most of the families we work with. The claim process can seek accountability in terms of financial recompense and in some cases an admission of liability or an apology.
Together the two processes can ensure the family of the deceased have most, if not all, of their objectives met. For example, the inquest process is intended to be a neutral, fact-finding investigation. The Coroner, at the start of the inquest, will reiterate that their inquiry is not to apportion civil or criminal blame to any person or organisation. The claim process is essentially the opposite, it is intended to establish legal liability and reach a financial settlement.
Only a proportion of deaths which are investigated by a Coroner are followed by a successful claim for damages. An inquest may therefore be the only opportunity the family have to voice their questions or concerns about what happened.
Where there is a claim, proceeding to a trial in a civil claim for damages is rare and so the inquest is often the only forum where the family will be able to question witnesses directly and to seek answers to questions that are playing on their minds about their loved one’s care or treatment, or other practices associated with the death.
Whilst neither the inquest or claims process is perfect – often far from it - they can both serve an invaluable role in allowing the family of the deceased to better understand the circumstances of the death and whether substandard care played a part in what happened and to seek reassurances that lessons are learned. Seeking to ensure that another family is spared from going through the same grief is often the most important objective for a family when a loved one has died, and a cornerstone of both the inquest and claims processes.