Last Updated On 16th March 2026. If your loved one has sadly passed away due to an accident, you may be giving some thought to the fatal accident claims process. As such, you could make a claim if you can demonstrate that the negligent acts or inactions of a third party directly caused the deceased’s death. Provided the eligibility criteria is met, both the deceased’s estate and certain dependants can seek compensation. As per the Law Reform (Miscellaneous Provisions) Act 1934, the deceased’s estate can seek compensation for the deceased’s pain and suffering experienced until their death. Moreover, under the Fatal Accidents Act 1976, dependants could claim for the financial losses, loss of a service, and bereavement caused by the death. Generally, claims must be started within 3 years of the deceased’s death, although certain exceptions apply.
Essential Information
- Both the estate and certain family members of the deceased can seek compensation.
- There is generally a 3-year time limit for fatal accident claims.
- You can likely claim funeral expenses.
- There are various types of accidents that could lead to fatal accident claims, such as accidents at work and road traffic accidents.
- Our fatal accident solicitors can work on claims on a No Win No Fee basis.
Our team of highly experienced advisors can inform you whether you’re eligible to make a fatal injury claim for a deceased loved one. It won’t cost you anything for a free initial consultation by picking one of the following contact methods.
- Click the live chat box.
- Dial 0800 073 8801 to speak to an advisor.
- Begin your claim via our online form.
Frequently Asked Questions
- Who Can Make Fatal Accident Claims?
- What Compensation Is Paid In Bereavement Damages?
- How Much Compensation Can Be Paid?
- What Factors Will Determine The Payout In Dependency Claims?
- What Types Of Fatal Accidents Can Be Claimed For?
- Is The Fatal Injury Claim Process Different For A Criminal Injury?
- How Long Is The Time Limit For Claiming After A Fatal Accident?
- If We Make A Fatal Accident Claim, Will Our Family Have To Go To Court?
- How Can Accident Claims Help To Get Fatal Injury Compensation?
- How Can I Fund Legal Representation In A Fatal Accident Claim?
- Learn More
Who Can Make Fatal Accident Claims?
The estate of the deceased and certain family members of the deceased (known as dependents) can make fatal accident claims. However, what they can claim for differs, as we explain below.
The Law Reform (Miscellaneous Provisions) Act 1934
Under the Law Reform (Miscellaneous Provisions Act) 1934 (LRMPA), the deceased person’s estate can claim bereavement damages for:
- The deceased’s pain and suffering before death.
- Any financial losses the deceased incurred before death due to their fatal injuries.
- Oh behalf of the dependents.
Per the LRMPA, the estate is the only party that can begin a claim within the first 6 months following the deceased’s death.
The Fatal Accidents Act 1976
If no claim has been made on their behalf by the estate within the first 6 months, under the Fatal Accidents Act 1976 (FAA), the dependents of the deceased can make their own claim for how the death has affected them, financially and emotionally.
Under the FAA, the following are considered dependents of the deceased.
- Husbands, wives, or anyone in a civil partnership – both current and former.
- Parent or step-parents of the deceased.
- Brothers, sisters, uncles, and aunts of the deceased or their children.
- Children of the deceased, including any person treated as the deceased’s child, such as stepchildren from a previous marriage.
- Anyone who lived with the deceased as a spouse for at least 2 years before the deceased’s death.
Contact our advisors today to see whether you could be eligible to make a fatal accident claim.
What Compensation Is Paid In Bereavement Damages?
£15,120 can be awarded as a Bereavement Award under the FAA. However, this can only be paid to (or split between if multiple people claim for it):
- A husband, wife, or civil partner.
- Someone who lived with the deceased as their spouse for at least two years.
- The deceased’s parents if the deceased was unmarried and under 18.
- The mother of the deceased if the deceased was unmarried, under 18, and born out of wedlock.
Contact us today if you have any questions regarding the Bereavement Award in fatal accident claims.
What Factors Will Determine The Payout In Dependency Claims?
Several factors will determine the payout in dependency claims, including loss of consortium, financial dependency, and services dependency. Find out more about each of these factors in the following sections:
What Is Meant By Loss Of Consortium?
Loss of consortium refers to the loss that does not fit into any other financial category, such as the loss of companionship or the impact on a familial relationship following the deceased’s death. It is sometimes referred to as loss of a special person.
What Is Meant By Financial Dependency?
The term ‘financial dependency’ refers to how the loss of the deceased’s earnings, both past and future, has impacted the family’s income.
What Is Meant By Services Dependency?
Services dependency refers to services the deceased assisted with within the home, such as childcare. Dependents can claim compensation for the loss of these services. A solicitor must quantify all service losses, but they can be past or future losses.
Contact our advisors today to learn more about what compensation dependents can claim for in fatal accident claims.
How Much Compensation Can Be Paid?
For Quadrepliegia, between £396,140 to £493,000 could potentially be awarded, per the Judicial College Guidelines (JCG). The JCG is a legal document containing guideline compensation figures for various types of injuries.
Bar the first entry, all figures in the table below are from the JCG.
| TYPE OF INJURY | NOTES | JCG COMPENSATION |
|---|---|---|
| Fatality Plus Add-On Claims | Compensation for the deceased’s pain and suffering, financial losses and any dependency payments. | Up to £550,000 and over. |
| Paralysis - Tetraplegia/Quadriplegia | Higher end of this bracket is applicable to cases where the person experiences physical pain, and the senses and ability to communicate have been affected. | £396,140 to £493,000 |
| Paralysis - Paraplegia | Factors such as age, life expectancy and extent of pain will affect the amount awarded. | £267,340 to £346,890 |
| Brain Damage - Very Severe | No meaningful response to the environment with the need for full-time nursing care. | £344,150 to £493,000 |
| Injuries Resulting in Death - Full Awareness | Full awareness for a short period before falling into unconsciousness and dying within a few weeks to 3 months. | £15,300 to £29,060 |
Contact an advisor for additional information regarding fatal injury claim compensation.
What Types Of Fatal Accidents Can Be Claimed For?
There are various types of fatal accidents that could be claimed for. However, for a claim to be deemed valid, it must demonstrate:
- The deceased was owed a duty of care
- This duty was breached
- This lead to the deceased suffering their fatal injuries.
Below, we share examples of different scenarios that could lead to fatal accident claims.
Road Traffic Accidents
All road users must carry out their duty of care to each other by using the roads in a safe manner and abiding by the Road Traffic Act 1988 and the Highway Code. You can find a few examples of fatal car accidents due to road user negligence here.
- A car driving over the speed limit causes a car crash, causing the passenger extreme injuries that lead to fatal paralysis.
- A drunk driver runs through a red light, causing a T-Bone collision and the other driver suffers multiple fatal injuries.
Public Liability Accidents
Per the Occupiers’ Liability Act 1957, occupiers (those in control) of a space must ensure the reasonable safety of those visiting that space. You can see a couple of examples of how a fatal accident in a public place may occur:
- A pedestrian is walking along the pavement when they trip over a loose slab that the council were aware of but had not signposted or fixed within a reasonable timeframe. They hit their head in the fall, causing fatal brain damage.
- A visitor to a fairground rides a rollercoaster that has not been properly risk-assessed and has faulty safety straps. This causes them to fall from the ride and suffer multiple fatal injuries.
Accidents At Work
Your employer owes you a duty of care per the Health and Safety at Work etc Act 1974. This means they must take reasonable steps to ensure your safety in the workplace. You can see some examples of how a workplace accident could lead to fatal injuries below:
- An employee works on scaffolding but isn’t provided with the correct personal protective equipment (PPE), such as a safety harness. This causes them to fall from a height and suffer multiple fatal injuries.
- An electrician is working on a faulty power line that hasn’t been properly risk-assessed. The faulty line causes an electric shock that leads to a cardiac arrest.
Medical Negligence
All medical professionals must provide care to the minimum expected standard to adhere to their duty of care. If this does not happen, causing the patient to suffer avoidable or unnecessary harm, it is considered medical negligence. Some examples of when a fatal medical negligence claim could be made include:
- A surgeon makes a critical error during brain surgery, causing the patient to become brain dead.
- A patient presents with symptoms of sepsis at an emergency care unit but is dismissed by medical professionals. The patient later dies after not receiving the correct treatment.
If you would like to discuss the specifics of your fatal accident claim, you can contact our advisors.
Is The Fatal Injury Claim Process Different For A Criminal Injury?
Yes, the fatal injury claim process differs if the death resulted from a crime of violence. Claims for criminal injuries can be made through are are compensated by the Criminal Injuries Compensation Authority (CICA). To be able to claim through them, it must be proven:
- The deceased must have suffered their fatal criminal injuries in a crime of violence.
- The incident must have taken place within Great Britain or another relevant place, such as a boat registered to England, for example.
- The incident must have been reported to the police.
Get in contact to find out more about claiming through CICA for a loved one’s death.
How Long Is The Time Limit For Claiming After A Fatal Accident?
The time limit for claiming after a fata accident is 3 years. This can either run from:
- The date of death.
- The date of knowledge (when an inquest or postmortem is held).
If you are unsure whether you’re within the time limit to claim, reach out to a member of our team today.
If We Make A Fatal Accident Claim, Will Our Family Have To Go To Court?
You and your family may have to go to court when pursuing a fatal accident claim if an outcome cannot be reached. This typically occurs when the defendant refuses to accept liability or when a compensation settlement cannot be reached.
If your claim does go to court, your solicitor will assist with all court proceedings. An advisor can provide more detailed information about what to expect if your claim may proceed to court. Contact us today to learn more.
How Can Accident Claims Help To Get Fatal Injury Compensation?
At Accident Claims, our solicitors could help you get fatal injury compensation due to their decades of combined experience in fatal accident claims. As such, our solicitors could meticulously assess your case, helping you to identify each financial loss to maximise your compensation payout. You could also enjoy the following benefits:
- Providing knowledgeable assistance with fatal accident claims, ensuring that details such as funeral expenses and financial dependency are not ignored.
- Regular case updates so you’re never left wondering where your fatal accident claim stands.
- Connecting you with bereavement counsellors, either online or in your area.
- Explanations of legal jargon to give you a full understanding of the fatal accident claims process.
- Help with evidence-gathering to prove the negligence of a third party
- Negotiating with the defendant on your behalf to achieve a settlement that reflects the extent of your losses.
To learn if you could be eligible to claim fatal accident compensation, please get in touch with one of our friendly advisors today.
How Can I Fund Legal Representation In A Fatal Accident Claim?
You could fund legal representation in a fatal accident claim through a Conditional Fee Agreement (CFA) with our No Win No Fee solicitors. Pursuing fatal accident compensation under a CFA could therefore provide the following benefits:
- No solicitor service fees at the beginning of your claim, as it progresses, or if the outcome is unsuccessful.
- If your case is a success, you’ll be required to pay a success fee to your solicitor. Please be aware that the fee percentage is capped by law and will be taken from your compensation amount. Due to this, you’ll always enjoy the majority of your payout.
Contact Our Fatal Accident Specialists
If you have any questions about fatal accident claims or working with one of our No Win No Fee solicitors, you can contact our advisors today:
- Click the live chat box.
- Dial 0800 073 8801 to speak to an advisor.
- Begin your claim via our online form.
Learn More
Click the following links to discover more of our guides.
- Discover some examples of serious injury payouts.
- See how to sue the council.
- Learn more about what a Conditional Fee Agreement is.
The external links below are relevant to this guide.
- Get help with grief and loss from the NHS.
- Guidance on what to do after someone dies from Gov.UK
- Support and self-care advice after bereavement from Mind
Thank you for reading our fatal accident claims guide.