Ken Thomas of Harding Evans Solicitors, Newport specialises in Medical Negligence. This can include acting for families who have lost loved ones and need representation in Coroners Courts. Here, he answers some typical queries on the Inquest procedures.


 

1. When are Inquests held and why?
An Inquest is not meant to establish who was actually responsible for a death. It is meant to determine who the deceased was, where and when they died and how they actually died. Not all deaths reported to Coroners lead to an Inquest being held. Broadly speaking, a Coroner has a duty to hold an Inquest where it is reasonably suspected that the deceased has died a violent or unnatural death, or has died suddenly of a cause which is as yet unknown. Inquests must also be held in special set circumstances, for instance where someone has died in prison.

2. How long after the death will the Inquest take place?
This depends upon the circumstances of the death. It may be the Coroner will need statements from family and witnesses. The Coroner’s Office may need to liaise with the police if any charges have been considered. In some situations, a Coroner may secure some expert input from an independent doctor. Usually an Inquest is held months after the death, but delays of 2 or 3 years are not unheard of. It should be noted that these are public hearings, which explains how the media are able to attend Coroners Courts.

3. Do I need legal representation at the Inquest?
Possibly, if you think the death may have been due to negligence on the part of, for example, an employer or hospital. If you might wish to pursue a claim for damages as a result, you should seek legal advice in advance of the Inquest as legal representation might be sensible. In particular families who may wish to pursue medical negligence claims may well be best advised to have a solicitor or barrister acting on their behalf at an Inquest. Information gained from the Inquest can be extremely helpful to any subsequent legal investigation and compensation claim. Indeed, dependant upon what is heard by way of evidence, it can mean that any subsequent claim is resolved sooner than might otherwise be the case. A solicitor will also be able to advise a family on what to say to any members of the media interested in the Inquest. This is a complex area of the law and a specialist solicitor will need to be instructed.

4. Is there Legal Aid available for Inquest representation?
Usually not as far as the hearing itself is concerned. However, some free Legal Help may be available for preparatory work before the actual hearing. Moreover, in special circumstances, a grant may be available from the Government to cover the legal costs. In addition, recent case law supports families who subsequently try to reclaim the cost of legal representation at an Inquest if it leads to a successful claim for damages.

5. Will I be entitled to see any documents in advance of the Inquest?
This depends upon the Coroner. Advance disclosure should at least be requested. It could be argued that the family will not be able to properly partake in the Inquest if they have not seen statements etc and other documentation from the witnesses. Again, legal advice can assist in this regard.


6. Will there be a Jury? What verdict can I expect?
In around 90% of Inquests there will be no Jury. Instead, the Inquest will be dealt with by the Coroner alone. He or she will be either a lawyer or a medical practitioner. In certain cases, by statute the Inquest must be heard by a Jury – for example, a prison death. There are numerous verdicts that can be reached including natural causes, unlawful killing or accident/misadventure. Every Coroner has the power to report his findings to the relevant authority to prevent similar future deaths.

7. I have decided to pursue a claim arising from the death of a loved one. Are there any time limits? What can I claim for?
A claim should normally be brought within three years of the death or it may be too late. Damages may be sought for pain and suffering on the part of the deceased prior to death. Compensation can also be claimed for financial losses caused by the death, most notably any income that the deceased would otherwise have earned and contributed to the household. This can mean that such claims are sizeable, especially if the deceased was relatively young, in employment and maybe left a young family. Funeral expenses and a “bereavement award” can also be claimed by way of damages.