Inquests

When someone dies unexpectedly, it can be the start of a difficult time for family members and anyone else involved. In many cases an Inquest will follow.

Our solicitors include a former Assistant Coroner, who has extensive experience of the inquest process. More recently he has developed expertise in representing families or businesses at inquests. So, whatever support you need in relation to an inquest, including providing advocacy at inquest hearings, we will be happy to help.

What is an inquest?

An inquest, conducted by a Coroner, is a legal investigation which takes place when someone dies suddenly or in unnatural circumstances, or in prison or police custody. An inquest will also take place if a person’s cause of death is unclear despite a post-mortem being undertaken.

The aim of an inquest is to find out when, how and why a person died and who they are. What an inquest doesn’t try to do is to determine whose fault it was that they died, in fact the Coroner is not allowed to attribute blame. However a Coroner can make a so called prevention of future deaths report if the Coroner considers the evidence at Inquest has revealed something to be addressed to prevent a similar occurrence. If the police believe that a criminal offence has been committed then this, and the establishment of blame, will be dealt with ahead of the inquest, which may be delayed for some time as a result. If there is no criminal offence involved but there is potentially some form of negligence or injury claim, then the inquest takes place first and the claim will be started once the inquest has concluded.

An inquest is often very emotional for the deceased’s family as they may be hearing the full facts about the circumstances of the death for the first time. It can be equally stressful for business owners or employees if someone died unexpectedly on their premises.

Do I need legal representation at an inquest?

This is likely to depend on various factors, including your relationship to the deceased, where they died and whether you were there.  If you are being asked to give evidence, then depending on the capacity and circumstances of the death you may wish to have a lawyer represent you. Again depending on circumstances you may need to consider whether to apply to be given “interested person” status if your or your business’ actions may be called into question. This will give you important rights in the Inquest process, such as the right to disclosure and to question witnesses giving “live” evidence.

If you are anticipating bringing a personal injury or medical negligence claim on behalf of the estate of the person who died, then having a solicitor involved at the inquest stage could help with the claim later on.

Our aim would always be to protect and support you through the inquest. If you would like to discuss your own personal circumstances and how we might help, please contact davidosborne@fraserdawbarns.com.