Inquests
The Coroners role in an inquest is fourfold:
- To identify who died
- To identify when the death occured
- To identify where the death occured
- To identify how the death occured
The Coroners role is not however to say why the death occured. This means he is not able to blame someone for the death.
The deaths which come under the Coroners jurisdiction ar ethose which are described as “unnatural”. In addition, the Coroner is obliged to investigate some deaths, such as deaths on the railway or deaths in custody
DO I NEED A SOLICITOR?
Generally, the Coroner will not object if you represent yourself. However, you do need to remember that an inquest can be a very emotional time. If there are other legal implications then a solicitor can be very important.
There are a number of scenarios where a solicitor may be useful:
- My Loved One Died In An Accident
If the deceased died in an accident that was not their fault, you may be looking for compensation. While the Coroner cannot allow a party to be blamed, the inquest can be used to gather evidence for subsequent use in a civil claim.
- I Caused Someone's Death
In such circumstances it may be unwise to give evidence. It is a general rule that a witness may not give evidence if that be incriminating, i.e. be used against the witness in a criminal court.
- I Was Injured In An Accident In Which Someone Died
Whether or not you are called as a witness you are entitled to be represented at the inquest. If you are looking for compensation, you should instruct a solicitor. While the Coroner cannot allow a party to be blamed, the inquest can be used to gather evidence for subsequent use in a civil claim.
- My Loved One May Have Taken Their Own Life
In this scenario there can be a number of issues. The deceased may have been under the care of a responsible authority (such as police custody, prison or mental institution). There may be some doubt as to whether the deceased actually intended to take their own life. Also, a life insurer may not pay out if there is a suicide verdict. In such cases you may want to consult a solicitor.
WHAT WILL PARK WOODFINE HEALD MELLOWS LLP DO FOR ME?
We are happy to see you for a free interview at our offices. Most inquests require some preliminary work and so it is best to instruct us as soon as you can. Instructing us just prior to the inquest may mean that we are limited in what we can achieve for you.
We will represent you on the day of the hearing. Occasionally, we may feel it is more appropriate to have a barrister represent you. This may occur when there is a lot of paperwork. This usually occurs where the death has occurred in hospital or under the care of an authority (such as prison, police or mental institution).
We are prepared to act on a “no win, no fee” basis if there is likely to be a civil compensation claim arising out of the circumstances of the death. The “no win, no fee” scheme covers our fees, but not our expenses, which generally will only be travelling expenses.
In cases where the death has occurred in hospital or under the care of an authority (such as prison, police or mental institution) legal aid may be possible.
CAN PARK WOODFINE HEALD MELLOWS LLP ACT
WHEREVER THE INQUEST IS?
We have offices in Northamptonshire and in Bedfordshire and so regularly appear in those coroner's courts. In addition, we have been instructed to attend inquests over a very wide geographic area on behalf of clients.
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