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PERSONAL INJURY

Benefit of representation at an inquest

An inquest can play an important role in helping families understand the circumstances surrounding an unexpected death. In this guide, Matthew Claxson explains the coronial process, the purpose of an inquest and why legal representation can help families navigate what can be a difficult and emotional experience.

In this guide we discuss:

  • What the coronial process involves
  • The role of the Coroner
  • The different conclusions that may be reached at an inquest
  • The benefits of legal representation
  • How representation at an inquest can be funded

Understanding the coronial process

The coronial process is often an important step for families following an unexpected death, including deaths arising from a road traffic collision.

The Coroner will be notified of the death before opening an inquest. The inquest is then usually adjourned until a later date. Before a full inquest takes place, the Coroner may hold a Pre-Inquest Review Hearing to consider whether a full inquest is required.

Where there has already been a criminal trial, a full inquest will not usually take place, as the evidence will already have been heard in court. In these circumstances, the Coroner may deal with the matter based on the available evidence.

Where there has not been a criminal trial, the Coroner may hold a full inquest. This can involve witnesses being called to give evidence and questions being asked about the circumstances surrounding the death.

If you would like a more detailed explanation of how the inquest process works, read our guide to understanding Coroners’ Inquests.

Key Information

  • Finding answers An inquest helps establish the circumstances of a death
  • Not about blame The Coroner's role is to determine how someone died
  • Legal representation Can help families ask important questions

What does a Coroner do?

The Coroner is concerned with determining the cause of death rather than attributing blame.

Following a fatal road traffic collision, the Coroner will usually reach one of three conclusions:

  • Unlawful death
  • Accidental death
  • A narrative conclusion, such as multiple injuries resulting in death caused by a road traffic collision

Why can legal representation at an inquest be important?

As Matthew Claxson explains, representation at an inquest can be particularly important for families who want a clearer understanding of what happened to their loved one.

In many cases, the other party involved may be represented by a legal team funded by an insurance company. Without representation, bereaved families can find themselves participating in proceedings where others have professional legal support.

The Coroner controls the inquest process, including deciding what evidence is considered, which witnesses are called and how questioning takes place.

However, professional representation can help ensure relevant questions are raised and may assist families in gaining a fuller understanding of the circumstances surrounding the death.

If the bereaved family are not professionally represented, then at an Inquest where they are confronted by a represented third party you have an unwelcome 'David and Goliath' situation.
Matthew Claxson

How do you fund legal representation at an inquest?

One of the most common concerns for bereaved families is how representation at an inquest can be funded.

Where there is also a compensation claim, the costs of representation at an inquest may sometimes form part of that claim. The most appropriate funding option will depend on the individual circumstances of each case, and a solicitor can advise on the options available.

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How Fletchers can help

Our team has experience representing families at inquests, whether as part of a wider compensation claim or as a standalone instruction.

Representation at an inquest can help families gain a clearer understanding of what happened to their loved one. Information obtained through the inquest process may also support any compensation claim that is being pursued.

Where a death has been caused by the actions or negligence of another party, families may also wish to explore a fatal accident claim. Our team can advise on the options available and provide support throughout the process.

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