Inquest Process & Financial Support
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Darbys Solicitors have years of experience in helping families through the inquest process. We understand the prospect of an inquest can seem overwhelming.
Our team of serious injury solicitors have created an inquest process guide in order to help you understand what to expect from an inquest.
Darbys Solicitors Legal Advice: Inquest Process
Prior to the Inquest:
The Coroner has a duty to investigate a death if there is reasonable cause to suspect the death to be violent or unnatural or sudden and of unknown cause, or occurred in prison.
Post Mortem - Legal Process:
The first step will be a post mortem. If the post mortem does not lift the suspicion then an inquest is required.
Pre Inquest Review:
The Coroner will give a list of those he intends to call as witnesses. It is possible to ask the coroner to consider calling additional witnesses and the coroner will often respond to any family sensitivities over anyone who does or does not want to give evidence.
A jury inquest is rare. A jury is required in certain specified circumstances or if the Coroner belives there is good reason to call a jury.
Inquest:
The purpose of the inquest is to determine the cause of death. Unlike a civil claim the Coroner is the main inquisitor and has a duty to ask all relevant questions. The family of the deceased or their representative has a right to ask questions. The Coroner has a wide discretion to allow or disallow questions. This is important as there is no guarantee the Coroner will allow questions that might be important to a civil claim by not to the Coroner's purpose. Witnesses can only refuse to answer a question if the answer might incriminate them in criminal (not civil) proceedings.
The Coroner's job is to determine the cause of death. A finding of "accidental death" or "death by natural causes" does not preclude a successful subsequent civil claim. The Coroner can give a narrative verdict and criticise the medical care, however it is only in rare cases a Coroner will do so.
Legal Aid & Financial Support
Financial support and legal aid is available to a minority of cases although legal representation is usually funded privately or under a Conditional Fee Agreement. The legal costs of representation are recoverable in subsequent successful civil proceedings.
If you have lost a family member and are facing an inquest, contact Darbys Solicitors on 0800 524 4349 or email us for advice on making a fatal accident claim and on financial support for the inquest process
