A Mock Inquest with Real Benefits: A Guide to Attending a Coroner’s Inquest

Amidst the unimaginable heartbreak that families and friends experience following the most tragic of circumstances, embarking on a civil claim for Personal Injury often comes at a much later stage of the grieving process. Clients will have already been through some of the most emotionally painful days, weeks, and months of their lives before they are able to begin to seek the vital closure that they need to be able to process the death of their loved ones. The coroner’s inquest can bring that closure for many, whilst for others, it can be that first milestone.

Road Traffic Collisions which have tragically resulted in the sudden and shocking death of a loved one will not always require a coroner’s inquest. However, where the cause of death is unknown, an inquest will be called to determine the cause and ascertain the facts.

Where Hodge Jones & Allen are instructed to pursue a claim on behalf of your loved one’s Estate, the coroner’s inquest is usually one of the first actions in which we will be involved. We can guide you through the inquest process, answer any questions you may have, and, if required, instruct a barrister to attend and ensure that your concerns are heard and considered.

Mock Coroners’ Court

On Wednesday 16th July, my colleague, Mandhir Seera, and I had the privilege of being invited to Anglia Ruskin University (ARU) to take part in a very unique training event. Imagined and organised by Holly Morley, Leading Operations Manager for the East of England Ambulance Service (EEAS), a mock coroner’s inquest brought together a group of keen legal and medical minds who shared a common goal: to unite their experiences to better understand the inner workings of a coroner’s inquest.

The mock inquest was born out of the difficult experiences that paramedics can have when being cross-examined. The incredible team at EEAS were eager to experience what it might be like to be questioned at a coroner’s inquest, so that they could mentally prepare themselves for the day that they might be called to give evidence. Mandhir and I graciously accepted EEAS’s offer to act as the advocates representing the family of the deceased, the Ambulance NHS Trust, and the Hospital NHS Trust. Overall, it was a successful event where the EEAS paramedics were able to experience a mock inquest, ask questions, give evidence, and be cross-examined. The inquest was filmed for the law students at ARU and the experience was given the all-important sense of realism as it was hosted in ARU’s student court room on campus.

During the mock inquest, we shared our experiences of attending real-life inquests. A case study was prepared to imitate a real-life emergency which paramedics would be called to involving a fatality. Members of the EEAS team were given roles of the paramedic team involved, whilst other medical professionals such as doctors from the local Broomfield Hospital also gave up their time to play various roles and act as experts. Mandhir and I prepared a plethora of questions to establish the facts of the death, but importantly, to prepare the paramedics at EEAS of what to expect when being cross-examined.

A Guide: The Purpose of an Inquest

The purpose of an inquest is to establish the facts for the coroner who can then make their final judgment on how someone has passed away. To reach such a conclusion, especially with Road Traffic Collisions, a litany of professionals, witnesses, and experts may be called to provide statements and/or answer questions which can help the coroner establish the truth. Emergency services such as the police, paramedics, and the fire brigade are first responders to fatal Road Traffic Collisions, and this means that they are often best placed to assist the coroner.

A Guide: The Inquest Itself

The various parties involved will all attend the inquest on the day; inquest lengths can vary from a single day to weeks for more complex cases.

To address a coroner, you should use the formal title “Sir” or “Madam”. There is no need to use “Your Honour” or other formal court titles.

1. Opening Statements

   The coroner will commence an inquest with their opening statement, setting out the facts as currently known and outlining the purpose of the inquest. They will set out the list of witnesses who have attended to provide their statements and be questioned.

2. Examination of Witnesses

   In turn, each witness will be called to the stand and take an oath or an affirmation to be truthful to the Court.

   The coroner will commence with their own questions, with the objective of guiding the witness through their own statement. Following this, the representative for the family is invited to ask any questions. Following that, the representatives for the other relevant parties will be invited to ask questions.

   Sometimes, in more complex cases, a jury may also be present to ask questions as “judges of fact” to determine the circumstances surrounding a death.

3. Post-Mortem Report

   Before an inquest, a post-mortem report is prepared by a pathologist, who is a doctor who performs the examination of the body after death. Their report outlines the medical cause of death and can especially comment where serious injuries such as head trauma or blunt-force trauma have resulted in someone’s death. The coroner will summarise this report for the Court and rely on it when reaching their judgment.

4. Judgment

   At the end of an inquest, the coroner will issue a conclusion of the cause of death based on the evidence, which can include categories like accident, misadventure, suicide, or natural causes. The coroner may conclude the following:

• Natural Causes: This conclusion would mean that the death was solely due to underlying health causes.
• Accidental Death: This would apply if the death was an unfortunate and unintended consequence of something that was necessary at the time, for example, necessary medical intervention.
• Misadventure: This conclusion is appropriate where the death arose from a deliberate human act which unexpectedly and unintentionally took a fatal turn.
• Narrative with neglect: To reach this conclusion, the coroner would need to be satisfied that any errors amounted to a gross failure, and that this failure significantly contributed to the death.

Conclusion

Inquest conclusions cannot determine criminal or civil liability of named individuals; their purpose is to establish how the death occurred, not who was responsible. Sometimes, the judgment of the coroner will bring long-awaited closure to grieving families and friends who have been starved of answers since experiencing one of the darkest days of their lives. As your solicitors, Hodge Jones & Allen will be present with you at the inquest to act for your interests and gather as much information as we can to establish civil liability in the claim for your loved one’s Estate.

Novel ideas like the EEAS Mock Coroner’s Court do so much to prepare paramedics for the anxieties and unknowns of an inquest, but for the clients we represent, their first experience of an inquest will only take place under the most tragic of circumstances. We know that at a minimum, removing the uncertainty of an inquest can allow families to focus on their grief as they strive for closure.

If you have lost a loved one as a result of a Road Traffic Collision and need help navigating the coroner’s inquest, please do not hesitate to contact our Personal Injury team on 0330 822 3451 or request a callback.