By Lewis Hendrix. Last Updated 8th August 2023. This guide will explain the criteria that must be met in order for a claim for fatal injury compensation to be made. If your loved one has passed away due to negligence, you may suffer various impacts, such as bereavement, loss of income that you depended upon, or the financial impact of the funeral costs. This guide will explain the process of claiming compensation.
How to claim fatal injury compensation guide
There are two key pieces of legislation that are important when discussing fatal injuries, these are:
- The Law Reform Miscellaneous Provisions Act 1934 (LRMPA) – provides an avenue for the deceased’s estate to make a claim for the suffering and pain of the deceased as well as other impacts.
- The Fatal Accidents Act 1976 (FAA) – allows qualifying loved ones of the deceased to make a claim for the impact the death has had on them. It also explains who can bring a fatal accident claim forward as a dependant.
Read on to learn about the different payments that can be included in a fatal accident compensation claim. Additionally, you can speak to one of our advisors. They are on hand 24/7 to provide free legal advice. Moreover, they could connect you with one of our personal injury solicitors who are experienced in handling fatal accident claims.
You can:
- Call us on 0800 073 8801
- Contact us online
- Write to us using the live support feature on this webpage
Select A Section
- You Can Claim Under The Fatal Accident Act 1976
- Who Can Bring A Fatal Accident Claim?
- How Do You Get The Most From An Injury Claim?
- How Do You Bring A Fatal Accident Claim?
- Maximising Fatal Injury Compensation Settlements
- No Win No Fee Fatal Accident Claims
You Can Claim Under The Fatal Accident Act 1976
Negligence must have occurred in order for compensation to be owed after a fatal accident. It is important to know that negligence is the breach of a duty of care that results in injury. This injury could be psychological or physical, ranging from minor to severe, and in the most extreme cases, fatal.
If a fatal accident occurs at work due to employer negligence, in a care home due to medical negligence, or on the roads due to someone else’s dangerous driving, for example, then you, as a loved one of the deceased, may be able to receive fatal injury compensation for your suffering.
Furthermore, it is important to know that you generally have three years to begin your fatal accident compensation claim from the date of death or the date of knowledge. The date of knowledge is the date when you connected the fatal accident with negligence and could be the date of an inquest, for example.
Continue reading to find out who can bring forward a fatal injury compensation claim and how much compensation you could receive.
Who Can Bring A Fatal Accident Claim?
It is important to know who is eligible to claim compensation for a death. Under the LRMPA, the estate of the deceased is able to claim for the pain and suffering that the deceased experienced before they passed away. On the other hand, the FAA allows eligible dependants to claim for the way the fatal accident has impacted them.
For the first six months following the death, only the estate of the deceased person can bring forward a claim, and this can cover a claim for the deceased and the dependants. However, after this time, if the estate has not brought forward a claim, the dependants can then make a claim for the impact the death has had on them. They cannot claim for the pain and suffering of the deceased in their capacity as dependants.
In the section below, we will provide information on who could classify as a dependant. If you would like further guidance on fatal accident claims, please get in touch.
Close Relatives And Dependents Could Make A Claim
The FAA lists and specifies the people who could make such a fatal injury claim. Dependants who could bring a claim under the FAA may include the following:
- Wife
- Husband
- Civil partner
- Someone cohabiting with the deceased for the past two years as spouses
- A parent or someone treated as their parent
- A child or descendant
- Stepchildren
- Brother or sister
- Uncle or aunt
For more information regarding what fatal injury compensation covers, continue reading. However, if you’d like to make an enquiry, contact a member of our team. They can provide free legal advice at a time convenient for you.
How Do You Get The Most From An Injury Claim?
Payments that can be included in a fatal injury compensation claim include:
- Compensation for the suffering and pain of the deceased before death.
- A bereavement award – This is a fixed figure of £15,120. It compensates certain parties for the bereavement. The conditions are laid out in Section 1A of the FAA.
- Loss of financial dependency award- covers past and future loss of earnings if the family depended upon the deceased’s income.
- Loss of services – covers services the deceased would have performed, for example, DIY around the house.
- Loss of consortium or a special person – This compensates for the loss of companionship.
- Funeral costs.
Contact our team of advisors to enquire further about what could be claimed in a fatal injury compensation claim.
How Do You Bring A Fatal Accident Claim?
To claim fatal injury compensation, it is important to gather evidence of the negligence that caused the person’s injuries and subsequent death.
You could obtain evidence which includes:
- Details of the deceased’s suffering
- Medical reports
- Photographic evidence of the accident
- CCTV or dashcam footage
- Witness contact information so that a statement can be taken at a later date
- Information from the accident at work report book – Workplaces with 10 or more employees legally must have one of these to record accidents.
At the same time, we also recommend seeking legal advice. A legal expert can offer insight into the claims process and provide further information on what evidence you could obtain. Please contact our advisors.
Maximising Fatal Injury Compensation Settlements
When making a claim for the death of a loved one caused by negligence, you could receive a payout covering the pain and suffering of the deceased. There are factors affecting the amount that could be awarded, such as the severity of pain the person suffered and how long they suffered.
In the following table, we have used the Judicial College Guidelines (JCG), updated in April 2022, to provide compensation amounts previously awarded in court settlements. Legal professionals, such as fatal accident solicitors, can use this text as a guide to assist them in valuing fatal injury compensation payouts.
| Type of Harm | Details | Compensation Bracket |
|---|---|---|
| Death plus add-on claims | This award covers the deceased person’s pain and suffering. At the same time, it covers losses affecting dependants, such as loss of services. | Up to £550,000 or over |
| Tetraplegia | The amount awarded will consider different factors, such as whether the person felt physical pain, their age, and their life expectancy. | £324,600 to £403,990 |
| Paraplegia | The amount awarded will depend on the pain the person felt, their age, life expectancy and degree of independence. | £219,070 to £284,260 |
| Very Severe Brain Damage | The person will show little, if any, evidence of meaningful response to the environment and requires full time-nursing care. | £282,010 to £403,990 |
| Moderately Severe Brain Damage | A serious disability meaning the person will substantially depend on others and need constant care. | £219,070 to £282,010 |
| Severe Psychiatric Damage | The ability to cope with work, education and daily life is a marked problem. The prognosis is very poor. | £54,830 to £115,730 |
No Win No Fee Fatal Accident Claims
One of our solicitors could help you through the fatal accident claims process. Furthermore, they may also offer to represent you under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement.
When making a claim with a solicitor under this arrangement, you will not be expected to pay them any service fees upfront or during the course of the claim. Furthermore, should the fatal injury claim fail, you will not have to pay them for the work they have provided on the case.
Alternatively, should the claim be successful, the solicitor working on the case will deduct a legally capped success fee from the fatal accident compensation settlement.
To learn more about making a fatal injury claim with one of our No Win No Fee solicitors, you can contact our advisors. Our friendly team are available to offer you free advice and help answer your questions 24 hours a day, 7 days a week. They can be reached by:
- Calling 0800 073 8801
- Contacting us online.
- Using our live chat service.
Related Guides On Wrongful Deaths
More guides from our website:
- Fatal Motorcycle Accident Claims Guide – How Much Compensation Can I Claim? – Calculate Amounts
- Health And Safety Breach Claims Against Employers
- Murder Victims Compensation Claims Guide For Family Partner Or Relatives – Can I Claim?
Informative external pages:
Thank you for reading this guide to claiming fatal injury compensation.