Experiencing loss is a devastating time for the whole family. If you’re looking into fatal accident claims, our solicitors could help you claim the compensation you deserve after suffering bereavement. With decades of experience in handling claims of this kind, the team at Accident Claims will ensure the claims process runs as smoothly as possible.
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?
Our specialist fatal accident solicitors will ensure you have the highest chance of receiving compensation for the loss of a loved one. Some of the things our solicitors will do are:
- Explain legal jargon.
- Help gather evidence to support the case, such as collecting witness statements.
- Negotiate a settlement.
- Communicate with the defendant.
- Take on claims on a No Win No Fee basis (find out more about this below).
Pursuing compensation with Accident Claims means you won’t have to worry about whether you’ve made the right choice. Please contact us if you have a specific question about our solicitors.
How Can I Fund Legal Representation In A Fatal Accident Claim?
Our team of expert solicitors offer their services and legal representation under a Conditional Fee Agreement, a kind of No Win No Fee agreement. Claiming via a Conditional Fee Agreement means:
- You don’t pay any fees for your solicitor’s services either upfront or as the claim is ongoing.
- You do not pay your solicitor anything for their work if the claim is unsuccessful
- A success fee will be taken from your compensation by your solicitor if the claim succeeds. The percentage this fee can be is legally capped.
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.
