How Much Compensation Can I Claim For A Death or Fatal Road Accident?
By Mark Ainsdale. Last Updated 6th July 2021. Welcome to our car accident death compensation guide. When someone dies in a fatal car accident, the untimely death of a loved one or a close family member can be incredibly traumatic. This situation gets even harder to deal with when the death has been caused by careless or dangerous driving by another party. Often, the dependents or close family members of the deceased may suffer financial loss due to the sudden death and will have to seek legal advice to claim financial compensation for the loss of family income.
In cases where the deceased may have many dependents or an estate, the compensation claims case can get more complicated. As fatal road accident claim solicitors, we provide essential support to bereaved families so that they get justice and maximum compensation.
Select a section:
- A guide to claiming for a fatal road accident.
- Fatal road accidents caused by careless driving.
- Fatal road accidents caused by dangerous driving.
- Fatal road accidents caused by tiredness.
- Other common causes of fatal road accidents.
- Claiming for a death caused by a fatal road accident at work.
- Claiming for a death caused by a fatal road accident on public roads.
- Fatal road facts and statistics.
- Who can claim for a death caused by a fatal road accident?
- What to do if a loved one has been killed in a fatal road accident?
- What can be claimed after a death caused by a fatal road accident?
- No win no fee fatal road accident claims.
- How much can I claim for a death caused by a fatal road accident?
- How to start a claim for a fatal road accident?
- Why choose us as your claims service provider for a fatal road accident?
- Call for free advice and to start a claim.
Losing a loved one or a friend in a fatal road accident can be traumatic. In the aftermath of such tragedy, seeking compensation for fatal car accident cases can be a complicated, distressing, and unenviable process.
However, it is often essential. Car accident death compensation claims can help pay for funeral costs, loss of wages, outstanding debts and other damages. Additionally, compensation can provide a token amount of help, compensating the family for their loss, including the pain and suffering they have endured.
Fatal road accidents can also involve pedestrians or vehicles such as trucks, motorcycles, or vans. As one of the best law firms in the business, we have the expertise required to handle any road accident case resulting in casualties. In this guide, you will find the information we have provided to those who are in a terrible position. We will cover the advised courses of action to take following a fatal car accident, how to claim personal injury compensation, and how to find the right expert assistance.
When could I file a claim on behalf of a relative who passes away after a car accident?
It’s important to get all of the facts surrounding the fatal car accident. That includes determining full responsibility, as well as the exact nature of how the accident would transpire. Nevertheless, after gathering this information, you could file a claim in memory of the victim at any time within 3 years.
What benefits are there for relatives to claim on behalf of a loved one who dies?
There are numerous benefits. To begin with, they wish to seek justice on behalf of a relative suffering an untimely death. Now, nothing will bring back the victim, and no amount of money can ease the pain. However, receiving compensation and winning a claim proves once and for all that the perpetrator was responsible for causing the death. And the evidence supporting the compensation claim could also go some way towards justice in the form of the guilty party serving time in prison for their negligent and reckless actions.
Additionally, a successful compensation claim could help handle the rising costs in the aftermath of the victim’s death. So, this could include a sudden loss of income to support their family if they’re married and/or have children. Furthermore, it helps cover the likes of funeral costs and possibly any counselling that the remaining relatives might require. And not forgetting any medical treatment for fellow relatives, possibly nursing injuries from the same incident. So, there are several reasons why filing a car accident death compensation claim is the most appropriate course of action. Find out more by continuing to read this guide.
Fatal car accidents are usually caused either by careless driving or dangerous driving. This section describes common situations which might be classified as careless driving, while the following section describes common situations which might be described as dangerous driving.
According to Section 2B of the UK Road Traffic Act 1988, which has been amended by the Road Safety Act 2006, s 20, examples of careless driving can include:
- Driving while talking on a mobile phone or listening to the radio.
- Recklessly driving through a red light.
- Driving too close to another vehicle.
- Overtaking on the wrong side.
- Intercepting the path of another vehicle.
The UK Road Safety Act of 2006 confirms that the above situations cause a majority of fatal car accidents. You may review this resource to understand the traffic circumstances in which most of these accidents take place. The act also talks about what is involved in claiming compensation for death by careless driving, though this process can be clarified with legal consultation, should you prefer.
Section 2B of the Road Traffic Act 1988 gives more in-depth information ahead of you claiming car accident death compensation.
Fatal road accidents, as stated above, can also occur as the result of dangerous driving. According to Section 1 of the UK Road Traffic Act 1988, examples of dangerous driving can include:
- Driving a faulty or malfunctioning vehicle.
- Racing or driving above the legal speed limit.
- Driving through red lights or ignoring traffic signals.
- Dangerously overtaking another car.
- Driving while reading, listening to the radio, or talking on the phone.
Many of the above situations bear some correspondence to those listed in the careless driving section. Dangerous driving, however, indicates “willful or negligent” driving while under the influence of drugs, alcohol, or both. In these cases, the “criminal behaviour” of the driver causing death can be brought to light during a court case. You can also review the UK Government’s Road Accidents and Safety Statistics site (or contact a law firm) for information on your potential fatal accident compensation amount.
On many occasions, the driver responsible for the accident may suffer from some long-term illness or fatigue that prevents safe driving. Even driving after a long day of high-pressured work can put vehicle drivers at risk of fatal road crashes.
Although a vast majority of UK drivers may be regularly driving while physically exhausted, medical research states a close link between fatigue and careless driving. In situations where a driver has caused an accident due to tiredness or fatigue (either willingly or unwillingly), they may have to pay car accident death compensation.
According to Section 3A of the UK Road Traffic Act (RTA) 1988, other causes of fatal road accidents can include (but are not limited to):
- Driving under the influence of alcohol.
- Excessive use of prescription medicine.
- Illicit drug consumption.
- Combined effects of drugs and alcohol.
- Racing or excessive speeding.
- Distractions such as phone calls, reading, text messaging, or listening to the radio.
The UK Government Road Accidents and Safety Statistics site suggests that the above driving conditions cause many fatal road accidents. Whatever the cause of a fatal road accident, close family members of the deceased will often be left with a confusing and terrible situation. They may also be owed compensation. Our law firm is available to provide legal and psychological support to such families in distress, helping you to make a car accident death compensation claim at a difficult time.
A case of a fatal road accident at work may occur when a particular employee of an organisation or company dies in a road accident while on duty. A travelling employee, a hospital doctor, a postman, and many other employees routinely travel on the road to complete their work. When a person dies in a fatal road accident while on duty, the case may be registered as a fatal road accident while at work.
In this case, the “premises” of the accident can be an important consideration in the legal case. If the dependents, family members – or the estate of the deceased person – has to claim for legal compensation, they will first have to establish one or more “liable parties,” including the employer of the deceased, to file the case. A legal firm can provide you with direction and advice as to how to accomplish this. See the UK Government statistics on road traffic accidents for more in-depth information.
When dealing with fatal car accident claims, it is often important to assess where the accident took place. Determining whether the road was a public road or a private road can bear on the case. For example, if an issue caused the accident with the road – for example, a damaged surface causing the vehicle to spin and crash – then the liability for any compensation might rest with the owner and operator of the road. In the case of public roads, this will likely be the government or the local council.
If you wish to make a legal claim against the operator of a public road, you may struggle to deal with the administrative side of the process. Claiming compensation from the council or local government will need to follow a certain protocol. Finding the right information on this (as a member of the public) can be difficult. This is why we advise clients of the benefits of working with legal professionals. Contacting our team, for example, can dramatically reduce the difficulty of filing a car accident death compensation claim.
The UK Government Read Casualties statistics site reports that:
- In 2015, the number of people killed in UK road traffic accidents was 1,732, and the number of people seriously injured was 22,137. These are 2% and 3% decreases, respectively, compared to the same figures from 2014.
- In 2015, the total number of casualties in UK road accidents was 186,209, which is a 4% decrease compared to the same figure in 2014, and the second-lowest on record.
- Between 2014 and 2015, the vehicle traffic levels on UK roads have increased by 1.6%.
Although the above figures indicate that the number of road traffic accident fatalities has decreased between 2014 and 2015, there is still no clear evidence to prove that road accident casualties, and the rate of road accident injuries will continue to fall in the coming years. Understanding the statistics can be useful when filing a claim. It demonstrates the large number of people who have been in a similar situation before and who have been helped by law firms to get the car accident death compensation they deserve.
This section describes the three entities with the legal right to claim compensation in case of a fatal road accident. These three entities include:
- the dependents of the deceased
- the immediate family members of the deceased
- the estate of the deceased.
Anyone (or a combination of one or more) of these described entities can initiate a fatal road accident compensation claim.
In the aftermath of a fatal road accident, trying to determine what should happen next can be incredibly difficult. Once you are satisfied that any living persons involved in the crash have received medical attention, you may begin to consider legal action. If this is the case, we advise that you take the following steps:
- Arrange a police investigation.
- Contact the insurance companies to report the accident
- Gather and document first-hand evidence from the accident site, including police reports, medical reports, and so on.
- Estimate financial losses, including loss of income, funeral costs, medical costs, travel costs, and all other related expenditures. It is important to keep proof of these totals (such as receipts).
In many of these situations, you may have several questions that need answering. For example, if you are asking, “does car insurance pay for death?” and cannot seem to find an answer, our solicitor firm is here to help you at every step. We take care of all necessary paperwork and deal directly with insurance companies on your behalf, all while attempting to get you the right amount of car accident death compensation.
One of the most important parts of the fatal accident compensation claim is determining how much money can be claimed as compensation. Many factors will be involved in determining this total. The various claims, expenses, costs, and damages that can be compensated include:
- General damages such as financial losses and psychological trauma
- Special damages such as death created unusual circumstances involving expenses, such as damage to a vehicle.
- Medical expenses such as any medical expenses incurred due to the accident.
- Travel expenses such as any travel and transportation costs incurred due to the fatal car accident.
- Recuperation expenses such as expenses paid to rehabilitate a bereaved family member.
- Funeral expenses include any or all costs of the service, a coffin, flowers, and other expenses.
If you want to be sure that you are claiming for every cost related to the accident, it can help to have a dedicated professional. Call us and set up a meeting to figure out the full extent of the costs in the wake of an accident.
To ease the financial burden on our clients, we can provide a Conditional Fee Agreement (CFA) deal. This is the technical name for what we refer to as our No Win No Fee agreement. We provide legal consultation and even legal representation to minimise the financial risk to clients and make the process of claiming compensation much easier.
If we win the case and receive your compensation, we take our costs as a percentage amount of this total. If we aren’t successful with the car accident death compensation case, there will be no charges. As such, many clients trust our ‘No Win No Fee’ approach to providing them with the best possible legal expertise.
As every fatal car accident case is unique, it is difficult to predict exactly how much compensation for death due to negligent driving is possible.
Below is a table to determine compensation amounts for co-passengers of the victim who need extensive medical treatment for survival. The following pay table provides “representative data”, so you shouldn’t consider these as actual compensation figures applicable to each fatal car accident case. The types and amounts of compensation that you may receive will be likely to vary from the figures shown on this table and will directly depend on the circumstances of your case.
|Reason for Compensation||Typical Compensation Amount||Comments|
|Death (baseline)||£12,500 - £300,000||A normalised range of compensation paid for unexpected death.|
|Death (unconsciousness following a brief period of awareness)||£8,000 - £10,650||Severe injuries, followed by unconsciousness after 3 hours and death within two weeks.|
|Death (unconscious death within six weeks)||£6,400||Loss of consciousness immediately following injury, death within six weeks of the accident.|
|Death (unconscious death within one week)||£1,050 - £2,125||Loss of consciousness immediately following injury, death within one week of the accident.|
|Death (full awareness)||£15,950 - £18,100||Severe injuries, with full awareness, death within two weeks.|
|Mental anguish||£3,550||Mental trauma and anguish caused by expectancy of death|
|Funeral costs||£3,000 - £10,000||Can be higher in some cases.|
|Punitive damages||£1,000 - £275,000||Can be higher in some cases.|
|Pain and suffering||£1,000 - £200,000||Driven by level of suffering.|
|Loss of benefits||£5,000 - £500,000||Driven by actual loss of benefits.|
|Loss of anticipated earnings||£10,000 - £400,000||Driven by actual loss of earnings, could be higher in some cases.|
|Loss of care, protection and companionship for family members.||£2,000 - £100,000||Driven by suffering encountered, could be higher in some cases.|
For more accurate accident injury compensation amounts and death compensation calculation, use the contact information provided below to discuss your case with our solicitors as soon as possible. After receiving the full facts of the case and reviewing the evidence, the solicitors will be able to answer all your queries related to compensation amounts.
Knowing how to start a car accident death compensation claim can be one of the most difficult parts of the process. For those unfamiliar with the laws and regulations, even filing the necessary paperwork might seem impossible. That this is likely occurring during a moment of grief and tragedy can only make matters even more complicated. This is why we suggest that even the claims process should begin with finding the right law firm.
Once you decide to work with a firm, there can be many benefits. For example, we’re able to offer a free legal consultation session. In this session, we can advise you on the potential outcome of your claim and possible compensation amounts, and we can advise you as to your next step. If you choose to work with us after this session, we can handle the more complicated side of the case. Our knowledge and awareness can be essential.
For example, we know how to conduct further fact-finding operations. If you fail to get the necessary evidence from the accident site, the complete data surrounding any fatal road accident case is available from the police database, known as a Stats19 system. Such records usually provide the correct information about casualties and personal injury cases, including the details on involved vehicles.
To get the best legal help and guidance, use the contact information provided below to get in touch with us. We can also have a one-on-one chat session to understand your situation and get the necessary facts. Our expert and compassionate solicitors will provide the necessary advice on the next course of action.
We have a long track record of putting our clients at ease, even in the worst situations. Our law firm offers an easy, ethical, and client-friendly approach to handling any form of compensation claim. We have helped many family members, associates, and friends of road accident victims claim compensation.
We specialise in providing insightful, expert, and effective legal assistance and can provide clear advice on proceeding with your claim. This approach can also include our ‘No Win No Fee’ agreement, our free legal consultation, our ability to arrange for a visit to a local doctor, and our broad history of successful compensation claims, the kind of experience which informs everything we do. If you want to get the best legal team available working on your case, you should get in touch with our team as soon as possible.
For the best legal advice available, contact us to discuss your next course of action. Please fill up the online contact form available on our website (or use the chat feature), and we’ll call you back. Or you can get in touch directly with one call to 0800 073 8804 to initiate a discussion about your case.
When you want expert legal advice, we’re the perfect law firm to handle your car accident death compensation claim.
This NHS link has further information on the death of a family member or loved one and explains about help and support.
This Citizens Advice link has information about support and help after the death of a family member or loved one.
If a family member dies due to a motorcycle accident, contact us for free advice. And find out how much compensation you can claim.
Cycle accidents in the UK are very common. Find out how much compensation you can claim for a fatal cycle accident compensation claim.
Fatal car accident claims are one of the most common accidents in the UK. Find out what you can claim for a fatal car accident.
A guide on claiming compensation for death. Find out the amounts of compensation you can claim and who can claim compensation for a fatal car accident.
Car Accident Death Compensation FAQs
How do we calculate death compensation?
This focuses on the victim’s monthly wage and age, pre-accident health, and funeral expenses.
What happens if you cause a fatal car accident?
The driver causing the accident could face a criminal case, perhaps resulting in a long jail term.
Who is liable to pay compensation in the case of death?
The person owning the harmful vehicle must pay the compensation.
What are the four types of compensation?
These are hourly, salary, commission and also bonuses.
What is a good settlement offer?
This tends to be around 80% of what the claimant expects and what the defendant can afford.
What is the time limit for payment of compensation?
The defendant should pay compensation within 28 days of the agreement of a settlement.
Should I accept the first offer of compensation?
No, because it’s almost certain that you will receive another offer shortly thereafter.
Who gets the money after the victim’s death?
The compensation is split between the closest relatives, the victim’s estate and/or other beneficiaries.
Thank you for reading our car accident death compensation guide.