Understanding Inquests: A Practical Guide

Introduction 

The loss of a loved one can leave families not only grieving but also seeking answers about the circumstances surrounding their death.

Where questions remain, an inquest can provide an important opportunity to establish the facts and better understand what happened.  

What is an Inquest?

An inquest is an official investigation, led by a coroner, into the sudden or unexplained death of a person, to determine how, when, where and in what circumstances the death occurred.

An inquest is not a trial, and it does not determine civil or criminal liability, it is merely a fact-finding inquiry.

What is the Role of the Coroner?

The coroner is an independent public official whose role is to investigate certain deaths.

The coroner acts as an impartial factfinder, and their role is to determine the identity of the deceased persons, establish when and where the death occurred, investigate how the death occurred and examine the circumstances surrounding the death.

What Happens Before an Inquest?

Before an inquest takes place, the coroner may direct a post-mortem examination to assist in determining the medical cause of death. If the post-mortem established that the death resulted from natural causes, an inquest may not be required.

The coroner may then obtain evidence and documentation, including medical records, post-mortem reports, witness statements, Garda reports and any other documentation relevant to the investigation.

If the cause of death remains unclear, is unnatural or the circumstances require further examination after this initial investigation, the coroner may direct an inquest be held.

Who Can Participate in an Inquest?

Several people may be involved in an inquest, including family members, witnesses, healthcare professionals, members of An Garda Síochána and legal representatives.

Witnesses may be called to give evidence where they have information relevant to the circumstances surrounding the death or other matters being considered by the coroner.

What Happens During an Inquest?

The coroner begins by opening the hearing and explaining the purpose of the inquest. The coroner will confirm the identity of the deceased persons and outline the issues that will be examined during the inquest. The coroner will then consider the relevant evidence, such as the medical records, Garda reports etc. The coroner then calls on any witnesses to give evidence under Oath.

Once all of the evidence has been heard, the Coroner, or a jury in some situations, make findings regarding the death, and records a conclusion as to the cause of death. Following this, in some situations the coroner may also make recommendations aimed at improving public safety or preventing similar deaths in the future.

What are the Possible Verdicts?

The possible verdicts (findings) at an inquest include:

• Accidental Death - such as an unintended and unforeseen accident, with no evidence of intention to cause harm.

• Death by Misadventure - such as where the deceased chose to do something lawful, but an unexpected outcome resulted in their death.

• Open Verdict - such as where there is insufficient evidence to determine precisely how the death occurred.

• Natural Causes - such as where the deceased died as a result of a natural illness or medical condition, rather than an accident, injury, violence or another external factor.

• Suicide - such as where the deceased deliberately took their own life and intended their actions to result in death.

• Unlawful killing - such as where the evidence establishes that the death resulted from an unlawful act, such as murder, manslaughter or another criminal offence.

Can Families be Legally Represented at an Inquest?

Families are entitled to attend an inquest and may, if they wish, instruct a Solicitor to represent their interests.

Legal representation can provide valuable assistance in understanding the inquest process, reviewing evidence and ensuring that relevant questions are addressed. Although not essential, many families find legal support particularly helpful in cases involving complex medical evidence or other significant issues.

For further details, see our prior article, Coroner Inquests: Common Queries Explained.

Conclusion

An inquest can play an important role in establishing the facts surrounding a death and provide greater clarity for a family. Understanding the process and the possible outcomes can help families prepare for an inquest and better understand what to expect.

Further Information

For expert legal advice in regard to Inquests and Inquest Reports, please contact Avril Scally or Grace Molloy in our award-winning Medical Negligence & Personal Injury Team.