When you lose someone unexpectedly and have little information, you will most likely want more answers. An inquest is an investigation that helps you fact-find and understand what has happened.
An inquest is a formal legal investigation conducted by a coroner to determine the cause and circumstances of a person’s death when it is sudden, unexplained, violent, or occurred in state custody. Unlike other court proceedings, an inquest is not about establishing blame but about fact-finding to ensure transparency and provide answers to the deceased’s family.
When is an Inquest Required?
A coroner will typically hold an inquest if:
- The cause of death is unknown or suspicious.
- The death was sudden and unexplained.
- The deceased died in prison, police custody, or another state setting.
- The death resulted from an accident, negligence, or industrial disease.
The coroner is an independent individual appointed by a local authority to investigate certain deaths. When a death fits into one of the circumstances listed above, the coroner is notified by a doctor, hospital, or the police, and a post-mortem examination may be ordered to help determine the cause of death. If the post-mortem does not provide conclusive results, an inquest is necessary. If an inquest is necessary it must be opened immediately.
What Happens During an Inquest?
An inquest is held in a coroner’s court and involves gathering evidence, hearing witness statements, and reviewing medical reports. The key stages include:
- Opening the Inquest – A brief hearing may be held initially to confirm details like the deceased’s identity and set a timeline for the full inquest. This is known as the pre-inquest review.
- Evidence Gathering – The coroner collects statements from medical professionals, police, eyewitnesses, and experts.
- The Hearing – Witnesses may be called to give evidence, and legal representatives can ask questions. Family members of the deceased may also attend.
- The Verdict – The coroner delivers a conclusion based on the evidence presented. Possible outcomes include natural causes, accidental death, misadventure, suicide, unlawful killing, or an open verdict if the cause remains unclear.
It is important to understand that an inquest is different from a civil or criminal trial. It is not about deciding issues of guilt, blame or negligence. It is purely a fact-finding process.
Coroners and Juries are permitted to address failings in their conclusion but it must be worded very carefully so as to avoid any indication of blame. However, an inquest can play a very important role in establishing whether there are prospects of a civil claim being pursued thereafter.
Can Family Members Be Involved?
Yes. Families have the right to attend the inquest, ask questions, and, in some cases, be legally represented. They may also request specific witnesses or submit questions for the coroner to ask on their behalf. Support groups and legal aid may be available for those navigating the inquest process.
How Long Does an Inquest Take?
The timeline varies depending on the complexity of the case. Some inquests conclude within a few weeks, while others take several months if additional investigations or expert reports are required.
Why Are Inquests Important?
Inquests provide clarity, accountability, and closure for families seeking answers about a loved one’s death. They also play a crucial role in identifying safety concerns, preventing future deaths, and upholding public confidence in the justice system. More information about the inquest process can be found on the Ministry of Justice Guide to Coroner Services.
How can Southerns Solicitors assist with Inquests?
Our specialist legal team can help you by obtaining medical records, corresponding with the courts, drafting witness statements, questioning witnesses, and making representations on your behalf.
We work closely with our clients during such a difficult time and aim to make sure that the inquest provides all the answers they need. We are one of a limited number of firms in England and Wales that are able to offer representation for bereaved families through legal aid funding. In the event that legal aid funding is not available, we will always work with you to find the best option to suit your circumstances.
If your loved one has died in State detention (unless it is a natural cause of death) or it is suspected that there has been a failure to prevent the death by the State or if the State may have caused or contributed to the death of a loved one, the Coroner will deem this to be an “Article 2” inquest. This will mean that the State will have legal representation.
We need to assist you so that you can also be represented.
To find out more about our services visit our inquest page.
Contact Us
For a free initial discussion, please call us on 01282 422 711 to see how we can help.
Alternatively, you can email us at enquiries@southernslaw.co.uk and we’ll get back to you.
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