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McCarthy Law


The death of a loved one in often unexplained circumstances is the most traumatic experience imaginable.

Fatal Accident Inquiries (FAI) are compulsory in relation to:

  • death of an employee during the course of employment
  • death of a person in custody

Inquiries are discretionary in other circumstances:

  • in public interest ie sudden, suspicious or unexplained death

An FAI takes place before a sheriff in a sheriff court, with no jury.

The Procurator Fiscal deals with the investigation and initiation of such Inquiries and presents the evidence in the public interest.
Hearings can involve complex Health and Safety issues; court rules and procedures and are upsetting for the family. They will take place in the jurisdiction of the place where the accident occurred which can be practically difficult for family members.

Family members often rely on the Procurator Fiscal Service unaware that they can instruct their own solicitor to represent them.

We have experience of the legislation, rules and procedures and can assist families at this very difficult time.

Legal Aid funding is available in such cases.

We have conducted Inquiries on a pro bono basis.

For more information or to discuss any services, please contact us by telephone on 0141 337 6678 or 07988 905 198 or by complete our enquiry form and we will contact you to discuss.