Helping bereaved families with Inquests

O’Reilly Stewart is one of the few law firms in Northern Ireland which provide expert advice and support to families in respect of Inquests and the management of legal affairs following a fatality.  We are very conscious of the vulnerable situation families find themselves in when a loved one dies in sudden or unusual circumstances.  This is a very important part of the firm’s overall service for families dealing with death and bereavement. 

What is an Inquest?

An Inquest is essentially a fact finding investigation into the circumstances of a death.  The Inquest is carried out by the Coroner whose role is to determine how, when and where the deceased came by his or her death.  Families and “other persons properly interested” are entitled to attend and to make representations at an Inquest. 

An Inquest will not be held into every sudden death.  The Coroner has a discretion to determine whether an Inquest will take place at all, when an Inquest will take place and what evidence will be presented at the Inquest.  It is usually beneficial for a family if their Lawyer can liaise with the Coroner and assist in any procedural matters relating to the Inquest.  This is an important part of the service provided by O’Reilly Stewart. 

When is legal representation important?

Many Inquests are complex and in some circumstances Inquests may involve a Jury.  Where public bodies are involved in the investigation, then they are usually also represented by legal teams at the Inquest.  It can be a daunting prospect for a family to face a complex Inquest without representation.  The procedure in a Coroner’s Court is sometimes complex and the primary purpose of legal representation is to simplify the process for the family, to ensure that the family views and queries are put forward to the Coroner. 

Although the Inquest does not reach any verdict in respect of civil or criminal liability, evidence presented at the Inquest may well be very relevant to other civil or criminal proceedings.  Assisting the family at Inquest does form part of a wider service offered by the firm in respect of other legal aspects arising from a death, for example if there is a likely to be a compensation case in respect of financial dependency.  It is very important to ensure that the family is properly represented in relation to any Inquest or investigation carried out by the Coroner’s Service.  The role of the Coroner is wider than simply managing the Inquest and the family may have to deal with preliminary matters including the post mortem examination, the issue of Death Certificates and preliminary hearings before the Coroner. 

Why Instruct O’Reilly Stewart?

We have previous experience in assisting and representing families in all dealings with the Coroner’s Service and Inquests.  Our offices are conveniently located right next door to the Coroner’s Court.  Family members are able to meet in privacy and comfort at our offices prior to the Inquest. 

We have been involved in many complex investigations into fatal accidents and sudden deaths, particularly those relating to:

• Hospital Investigations
• Workplace Accidents
• Road Traffic Accidents

Death in unusual circumstances, including outside the Northern Ireland jurisdiction

We are familiar with dealing with sensitive family issues together with handling death enquiries and dealing with the Police, Court Service and other families who may also be involved in the same incident.  There is close liaison with this team in respect of all other aspects of legal advice which a family may require following fatal accident or death.  Thus, O’Reilly Stewart would provide a complete service for a bereaved family in respect of both the Inquest and management of any civil litigation, compensation and administration of the deceased’s Estate. 

How is Legal Representation Funded?

We are strongly of the view that families require as much support as possible following bereavement.  Legal Aid is not widely available for Inquests, however some funding is available from the Lord Chancellor’s Department in respect of exceptional cases.  We have been successful in securing this funding for families to deal with complex Inquests requiring specialist legal support. 

It is also important to note that legal costs incurred in relation to an Inquest may well be recoverable in subsequent civil compensation proceedings.  We are committed to ensuring that families do not incur significant legal costs when having to deal with the investigation of a death.  Initial advice in relation to a Coroner’s investigation or Inquest is provided free of charge and we will provide the family with detailed advice about potential legal costs and also the prospect of recovering legal costs in full.  

For further information and advice please contact our experienced legal team through Joe Moore or Brian Stewart.

Call Joe or Brian now on +44 (0)28 9032 1000