What Is The Average Fatal Accident Compensation Amount?

Fatal Accident Compensation Amount Guide

Fatal Accident Compensation Amount Guide

Are you wondering what the average fatal accident compensation amount is? Has a loved one lost their life due to negligence? We aim to provide you with all the information you need to make a fatal accidents claim.

In this guide, we will discuss eligibility for pursuing a fatal accident claim. Additionally, we will talk about how you could claim as a dependent and how much compensation you may be awarded.

However, we understand that you may want to speak to someone personally about your specific case. If so, our friendly team of advisors are here to help. They are available 24/7 to answer your questions and provide you with some free legal advice.

To speak to a member of our team today:

Select A Section

  1. When Could Fatal Accident Claims Be Made?
  2. Claims Made By The Deceased’s Estate
  3. Claiming As A Dependent
  4. What Is The Average Fatal Accident Compensation Amount?
  5. What Other Fatal Accident Compensation Amount Could You Claim?
  6. Contact Accident Claims About Your Claim

When Could Fatal Accident Claims Be Made?

You could pursue a fatal accident claim if a loved one died in an accident caused by negligence. This wrongful death could have happened at work, in a road traffic accident caused by dangerous driving, in a public place or due to medical negligence. 

However, in order to make a successful claim, you must prove that your loved one died because someone breached their duty of care. The duties of care people are owed in various environments are:

  • The workplace – Per the Health and Safety at Work etc. Act 1974, every employer owes their employees a duty of care. This includes doing all that they reasonably can to ensure the workplace is safe and minimises any risks and hazards. 
  • On the road – All road users must follow the rules set out for them in the Highway Code and the Road Traffic Act 1988 to ensure road safety. 
  • Public Place – Anyone in control of public space must do all that they reasonably can to ensure that it is safe for members of the public to use for its intended purposes. This duty of care is set out in the Occupiers’ Liability Act 1957. 
  • All medical professionals within the public and private sectors owe their patients a duty of care. Per this duty, they must ensure that their patients receive the correct standard of care.

No matter where the accident occurred, you must be able to prove that someone breached their duty of care, and this resulted in someone dying.

Although it is not always possible to calculate the average fatal accident compensation amount, our advisors can assess what could be claimed in your case.

Claims Made By The Deceased’s Estate

Under the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA), the deceased’s estate can make a claim on behalf of the deceased for their pain and suffering prior to their death. For example, the deceased’s estate could be the executor of the will. 

For the first six months following the death, per the LRMPA, only the deceased person’s estate can bring forward a claim. This can cover a claim for the deceased’s pain and suffering and a claim on behalf of the dependents (we will discuss more about dependents in the next section). 

Call our advisors to find out what fatal accident compensation amount you could be entitled to.

Claiming As A Dependent

The Fatal Accidents Act 1976 (FAA) allows certain qualifying relatives to make a claim for the impact the death has had on them. These relatives are known as dependents. In the next section, we will explore who qualifies as a dependent.

However, as stated in the previous section, dependents cannot claim for the first 6 months after the deceased’s death. If the estate has still not brought forward a claim during this period on behalf of the dependents, this is when the dependents can make their own claim for the impact the death had on them. 

Please speak with our advisors for more information on the fatal accident compensation amount a dependent could claim.

Who Qualifies As A Dependent?

As we stated above, certain qualifying members, known as dependents, can make a claim for how the deceased’s death has impacted them.

The FAA defines a dependent as:

  • A husband, wife or civil partner (current or former).
  • A parent of the deceased or anyone who was treated as their parent.
  • A child of the deceased or someone who was treated as their child  (including stepchildren).
  • Sibling of the deceased.

Contact us today if you are unsure whether you are eligible to claim as a dependent or the fatal accident compensation amount a dependent could claim for.

What Is The Average Fatal Accident Compensation Amount?

As we have stated, the estate of the deceased can make a claim for the pain and suffering the deceased endured before they died. If their suffering was prolonged, then a higher amount of compensation would be awarded than if they passed away straight away.

Remember, you can only make a claim if their death resulted from negligence.

To help you understand how much could be awarded for the deceased’s pain and suffering before they died, we have created the following table. The figures we have listed have been taken from the 16th edition of the Judicial College Guidelines (JCG). This is because the JCG is used to help value claims. Please only use this table as a guide, as the fatal accident compensation amount awarded may vary.

Edit
Injury Comments Amount
Death with add-on claims. This accounts for the compensation awarded for the deceased’s suffering and pain. It also includes dependency payments. Up to £550,000 and over.
Injuries Involving Paralysis (a) Tetraplegia – The higher end of the bracket is applicable to people who suffer significant pain with significant effects on communication and the senses. £324,600 to £403,990
Injuries Involving Paralysis (b) Paraplegia – Various factors such as the extent of pain, degree of independence and life expectancy will affect how much is awarded. £219,070 to £284,260
Brain Damage (a) Very Severe – Little to no language function or any meaningful response to their environment. The person will need full-time care. How much is awarded will be affected by life expectancy, behavioural problems and the presence of epilepsy. £282,010 to £403,990
Psychiatric Damage Generally (a) Severe – There is a severe impact on the person’s ability to cope with life and their relationships. The prognosis will also be extremely poor. £54,830 to £115,730
Post-Traumatic Stress Disorder (PTSD) (a) Severe – Lasting effects that affect all aspects of the person’s life. They will be unable to live the same as they did before the trauma. £59,860 to £100,670
Injuries Resulting in Death (a) Full Awareness – The person sufferers lung damage and severe burns whilst fully aware. They will slip in and out of consciousness for 4 to 5 weeks before dying within a few weeks to 3 months. £12,540 to £23,810
Injuries Resulting in Death (b) Followed by Unconsciousness – Lung damage and severe burns that cause extreme pain. The person becomes unconscious within 3 hours and death follows 2 weeks later. £10,510 to £10,670

Call us today for further guidance on fatal accident claims.

What Other Fatal Accident Compensation Amount Could You Claim?

Additionally, there are various other forms of compensation that can be claimed, including:

  • Funeral costs.
  • Loss of services – e.g. helping with children or DIY around the house.
  • Dependency  – Loss of past and future earnings if the family depended on the deceased’s income.
  • Bereavement award – this figure is set out in Section 1A of the FAA. It is a fixed sum of £15,120 that compensates only certain people such as the husband, wife or parent of an unmarried minor for the bereavement caused.

Contact Accident Claims About Your Claim

Our solicitors may be able to help you with your claim via a type of No Win No Fee agreement called a Conditional Fee Agreement. There are many benefits to using this type of arrangement, such as not having to pay anything for your solicitor’s services if the claim fails. Also, you will pay a success fee from your compensation for successful claims. The amount is legally capped.

Please contact our advisors if you are still wondering what fatal accident compensation amount you may be entitled to. Our friendly team are available 24 hours a day to help answer any of your questions regarding your claim. They can also offer you some free legal advice.

To speak to a member of our team today:

Fatal Accident Claims 

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Contact us today if you are still unsure what fatal accident compensation amount you could receive.