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How Much Compensation Can I Claim For A Death or Fatal Road Accident?

By Daniel Archer. Last Updated 25th May 2022. Welcome to our fatal car accident 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.

To find out more about our services, or for free legal advice, you can get in touch with us at any time using the methods below.

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A Guide to Claiming for a Fatal Road Accident

Fatal Car Accident Claim

Fatal Car Accident Claims Guide

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 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. We have the expertise required to handle any road accident case resulting in casualties. In this guide, 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 for 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 Road Accidents Caused by Careless Driving

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 Road Safety Act 2006 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.

If you would like to know more about the law surrounding claiming for deaths after a car accident in the UK, get in touch with our expert advisors today.

Fatal Road Accidents Caused by Dangerous Driving

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.

Fatal Road Accidents Caused by Tiredness

Fatal road accident

Fatal road accident

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.

Other Common Causes of Fatal Road Accidents

According to Section 3A of the UK Road Traffic Act 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.

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 support to such families in distress, helping you to make a car accident death compensation claim at a difficult time.

Claiming for a Death Caused by a Fatal Road Accident at Work

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 have to claim for legal compensation, they will first have to establish one or more liable parties, which could include 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.

Claiming for a Death Caused by a Fatal Road Accident on Public Roads

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 reduce the difficulty of filing a car accident death compensation claim.

Fatal Road Facts and Statistics

The Department for Transport (DfT) collates helpful statistics on road traffic accidents each year. According to provisional statistics for 2020/21, there were an estimated 1,390 road deaths in this period.

The graph below shows the types of vehicles most commonly involved in road traffic accidents, from DfT statistics for 2020.

Fatal Car Accident

Fatal Road Accident Graph

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.

Who Can Claim For a Death Caused by a Fatal Road Accident?

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. This is outlined in the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934.

What to Do if a Loved One Has Been Killed in a Fatal Road Accident?

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.

What Can Be Claimed After a Death Caused by a Fatal Road Accident?

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 covers related financial losses, which could include the following:
  • 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.
  • 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.

No Win No Fee Fatal Road Accident Claims

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.

Compensation Payouts For A Fatal Car Accident In 2022

When making a claim for a fatal road accident, you may be wondering how much your compensation could be worth. Your settlement could comprise a payment that takes into consideration the pain and suffering experienced by the deceased before their passing.

Legal professionals use a variety of resources when calculating this figure. This can include the Judicial College Guidelines (JCG). The latest edition of the JCG was published in 2022.

If you are an eligible family member under the Fatal Accidents Act 1976 or other relevant legislation, you could potentially make a fatal car claim for the suffering the deceased experienced prior to their death. The JCG includes figures for fatal injuries, however, these figures are only guidelines. You’ll find them in the table below.

Awarded ForNotesAmount
Death & other add-onsAdditional costs such as loss of earnings and medical costs may contribute to a settlement such as thisUp to £500,000+
Paralysis(a) Tetraplegia/quadriplegia£324,600 to £403,990
Head injury(a) Brain damage of a very serious nature, where the injured party's response to their environment can be very limited£282,010 to £403,990
DeathSevere burns and lung damage will lead to full awareness for some time. Deceased will need extensive treatment for severe injuries, but consciousness will waver for 4-5 weeks. The death will occur between a couple of weeks and 3 months. £12,540 to £23,810
DeathDamaged lungs and severe burns. There will be excruciating pain, with unconsciousness following after 3 hours. Death within 2 weeks. £10,510 to £10,670
DeathAfter the injury or accident, unconsciousness is immediate. Death after 6 weeks.£3,760 to £4,390
DeathImmediate unconsciousness, or shortly after. Death within a week.£1,370 to £2,790
Mental AnguishLife expectancy is reduced or claimant has a fear of impending death.£4,670

A fatal claim settlement could also include other payments. For instance, the deceased may have had dependents such as a spouse or children who required their income. If so, and their death was caused by negligence, then costs such as the income the family has lost may be included as part of a fatal injury settlement.

Please do not hesitate to get in touch if you have any questions.

More examples of fatal car accident claims

If your loved one or someone you’re dependent on suffers a death on the road, you may be wondering what types of compensation you could claim on their behalf. It’s important to note that you would only be eligible to claim fatal accident compensation if it is proven that the death was caused by third-party negligence.

For example, you could be looking into fatal road accident compensation because another driver crashed into your loved one’s car after driving through a red light. If it can be proven that the death on the road was caused by negligence, you may be able to receive:

  • A Bereavement award – This is a statutory amount of £15,120. This would only be awarded to the wife, husband, civil partner or cohabiting partner of the deceased. Furthermore, if the deceased was a minor and never married, this award would go to the parents (if they were legitimate) or their mother (if they were illegitimate).
  • A Dependency award – This award is given if it’s proven that you were financially dependent on the deceased. The deceased’s loss of earnings, pension and savings will all be taken into consideration when assessing what’s awarded in a fatal accident compensation claim.

If you have further questions about how to receive road accident compensation or would like more examples of fatal car accident claims please contact us at a time that works for you. We provide free legal advice and can discuss what you might be able to claim.

How to Start a Claim For a Fatal Road Accident?

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. 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.

Why Choose Us As Your Claims Service Provider for a Fatal Road Accident?

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.

Call for Free Advice and to Start a Claim

For the best legal advice available, contact us to discuss your next course of action. Please fill out the online contact form available on our website, 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.

Helpful Links

NHS – How To Cope with bereavement

This NHS link has further information on the death of a family member or loved one and explains about help and support.

Citizens Advice What to do after a death

This Citizens Advice link has information about support and help after the death of a family member or loved one.

Motorcycle Accident Claims – How Much Compensation Can I Claim?

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 Accident Claims and Compensation Amounts I Can Get?

Cycle accidents in the UK are very common. Find out how much compensation you can claim for a fatal cycle accident compensation claim.

How Much Compensation For Car Accident Claims?

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.

Death and Fatal Accidents Compensation Amounts Find Out How Much?

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.

Who Is At Fault If You Are Rear-Ended?

A helpful guide explaining liability for car accidents that cause severe injuries and fatalities.

Personal Injury Solicitors For Bolton

See this guide exploring how to find the best solicitors to represent your case.

How did the Highway Code change in 2022?

A guide exploring the recent changes to driving laws.

Other Useful Compensation Guides

Car Accident Death Compensation FAQs

Can you claim compensation for accidental death?

If you could prove that the death was caused by the negligence of another party, and you are an eligible family member under the Fatal Accidents Act, you could potentially claim compensation.

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 fatal car accident compensation guide.

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