A Guide To Claiming After A Fatal Accident

If a family member or loved one has died due to the negligent actions of another party, you may be eligible to claim compensation. When an injury results in death, trying to figure out the process of claiming compensation can add more stress to an already difficult situation. That is why we have created a straightforward guide to fatal accident claims. It will assist you with your understanding and help you make the decision whether to take the next steps.

Key Takeaways

• Fatal accident claims can potentially be made by the estate of the deceased, as well as certain qualifying dependants (including spouses, children, and grandchildren).
• In the first 6 months of someone’s passing, only the deceased’s estate can make a claim (for any pain, suffering, and financial loss).
• Estates can also make fatal injury claims on behalf of eligible dependants.
• If the estate doesn’t make a claim for them during the 6-month period, then qualifying relatives can seek compensation for how they were affected by a loved one’s death.
• A fatal injury compensation payout may cover funeral expenses, lost income, and a bereavement award.

Our team can offer experienced advice free of charge and without any requirement to pursue your case with us afterwards. You can get in touch:

• Via our telephone line on 0800 073 8804.
• Using the pop-up chat on this webpage
• Through our contact us page

What Is The Eligibility For Making Fatal Accident Claims?

Fatal accident claims must meet a set of criteria in order to be valid. This means that:

• A third party must have owed a duty of care to the deceased
• They must have failed to act in accordance with their duty
• This caused the person’s death

You can keep reading our guide to find out who qualifies to claim compensation for a fatal accident. We also invite you to contact an advisor from our team who can assess your eligibility to proceed with the representation of an experienced No Win No Fee solicitor.

Road Traffic Accidents

All road users owe each other a duty of care when on the road. This applies to drivers, motorcyclists, cyclists and passengers. The duty of care means that they must act according to laws that aim to protect people from suffering harm.

Key guidance and laws include the Highway Code and the Road Traffic Act 1988. When these are not followed and a person sustains an injury as a result, they could have a valid road traffic accident claim.

Accidents At Work

You could also seek compensation for an accident at work where the employer failed to carry out their duty of care. This is outlined by the Health and Safety at Work etc. Act 1974 (HASAWA), which requires your employer to take reasonable steps to help ensure the safety of workers.

Public Liability Claims

When using a public space, the occupier owes you a duty under the Occupiers’ Liability Act 1957 (OLA). The occupier refers to the person in control of the space, such as a manager or landlord. They must take the necessary steps to ensure the reasonable safety of visitors.

Medical Negligence

Medical negligence occurs when someone suffers unnecessary harm due to a medical professional failing to meet the minimum standard of care. All medical professionals owe you a duty of care when they are treating you.

Criminal Injuries

You could also be eligible to claim compensation for a fatality related to a criminal injury through the Criminal Injuries Compensation Authority (CICA). This is an agency that compensates victims of violent crimes.

Compensation may be awarded to a relative or loved one who found the victim after the incident. You could also claim compensation based on other factors, which we outline later in this guide.

If you have any questions about claiming compensation for a fatal accident, please do not hesitate to contact our team of advisors. They have experience in handling cases of this nature and will approach your enquiry with the empathy it deserves.

The Most Common Causes Of Fatal Accidents

Now that we have outlined some types of fatal accident claims, you may be wondering how these could apply to a case. Read the following list for some examples of situations which could provide grounds for a fatal accident case:

• A speeding driver failed to stop in time for a pedestrian crossing the road, causing them to run over the pedestrian
• A driver fails to look while crossing at a junction, meaning that they collide with another car that had the right of way.
• Crashing a pallet truck into another employee after a manager instructs the person to drive it without adequate training.
• Working in construction without the provision of personal protective equipment (PPE), such as a helmet, which can cause fatal head injuries if debris falls from a height.
• The council is aware of faulty equipment at the park, but does not replace it. While using the equipment in a public park, it collapses under a person’s weight, and they hit their head on the ground.
• A faulty stair railing in a museum that falls apart while someone is using the stairs, causing a fall from height.
• An optician’s failure to diagnose a patient with eye cancer. This allows the cancer to spread and reach a terminal stage.
• A pharmacist mixes up a prescription with that of another patient, causing them to prescribe a medication that the patient has a known allergy to.
• An armed robber attacks a victim with a knife, resulting in multiple stab wounds.
• An arsonist sets fire to a building with people trapped inside.

If these examples do not apply to your situation, there is no need to worry. This is not an exhaustive list, so we recommend reaching out to an advisor to discuss the specifics of your case. They can let you know if you could be eligible to claim compensation and advise you of the next steps to take.

Who Can Make Fatal Accident Claims?

There are laws in place that determine who can make fatal accident claims. Keep reading for further details.

The Law Reform (Miscellaneous Provisions) Act 1934

The Law Reform (Miscellaneous Provisions) Act 1934 outlines the rights of the deceased’s estate to make a claim on behalf of the individual who has passed. This applies to a 6-month period following the death.

The estate can claim compensation relating to:

• General damages
• Special damages
• Funeral costs
• A dependency claim

We define these terms and provide further details in the next section.

The Fatal Accidents Act 1976

Under the Fatal Accidents Act 1976 (FAA), qualifying relatives can start a claim if the estate has not done so on their behalf within 6 months after the death occurred.

This allows the recovery of costs relating to:

• Funeral costs
• A bereavement award
• The loss of financial dependency

These terms will also be outlined in the next section, so please keep reading to learn more about the different types of compensation that apply to fatal accident claims.

How Much Fatal Accident Compensation Could Be Awarded?

Compensation for fatal accident claims can cover a variety of losses. The estate can claim damages on behalf of the deceased. These include general damages, which cover the pain and suffering the deceased experienced due to injury.

We have provided some figures from the Judicial College Guidelines (JCG) below. Legal professionals may use this document when assessing general damages, as it pairs different types of injury with compensation guideline brackets.

Please note that the following provided brackets do not confirm the amount of compensation you might receive in a successful claim. If you would like a better idea of what your compensation could cover, please contact our helpful team of advisors. They can discuss the specific nature of the case and perform a free case assessment.

The first figure we have listed was not taken from the JCG.

The estate can also claim special damages on behalf of the deceased. These refer to costs the deceased incurred in relation to their injury prior to their death, such as:

• Medical costs
• Expenses made when travelling to/from medical appointments
• Time taken off work due to injury
• Costs for home adjustments required for their injuries

Dependency Claims

Those who qualify to make a dependency claim include:

• The estate of the deceased
• A current or former spouse/civil partner
• A child or descendant of the deceased (including stepchildren)
• A parent or ascendant of the deceased (including a step-parent)
• A person who lived with the deceased as a spouse for two years prior to their death
• An uncle, aunt, sister or brother of the deceased and their children

These individuals could make a claim for:

• Loss of consortium- this can refer to the loss of an important relationship, such as one that is familial or romantic
• Loss of dependency- this covers a dependent for the loss of the deceased’s income
• Loss of services- this covers the services that the deceased provided, such as childcare

Bereavement Damages

The FAA also allows qualifying relatives of fatal accident claims to seek bereavement damages. This is a fixed sum of £15,120 that can be split if multiple relatives claim it. Those who qualify for bereavement damages include:

• A spouse or civil partner
• Parents- this only applies if the deceased was unmarried and under the age of 18. If this is the case and they were also born outside of wedlock, the mother can claim.
• A person who lived with the deceased for 2 years before their death and lived as a spouses

We understand that there are a lot of factors to consider when it comes to compensation for fatal accident claims. Please reach out to an advisor if you have any queries about the different types of damages and losses you could claim.

The Fatal Accident Claims Process

You may be wondering how the process for a fatal accident claim works. Keep reading to learn about the evidence that is required to strengthen your claim.

What Evidence Will Be Needed To Support A Claim

Depending upon the type of compensation you are claiming, you will need to provide the following in order to prove your claim:

• A copy of the deceased’s medical records
• Photos or CCTV footage of the injury/incident
• Receipts and bank statements
• Contact details for those who witnessed the incident and could later be called upon to provide a supporting statement
• Inquest results
• Death certificate

You can contact an advisor at any time if you would like to learn more about the process of claiming compensation. They can advise you on what evidence would be appropriate for your claim.

How Fatal Accident Solicitors Can Help You To Claim

Our solicitors are experienced in handling fatal accident claims. We have already helped our clients gain a total of over £80 million in compensation. We understand that this is a difficult process, so our solicitors offer excellent services to help make the process easier for you. These include:

• Assisting you with the gathering of evidence to strengthen your claim (this includes taking witness statements)
• Contacting relevant experts for their opinions
• Negotiating your compensation with the aim of giving you the option to settle outside of court
• Helping you to understand legal processes and detailing anything that you are unsure of
• Approaching your claim with the dignity and empathy that it deserves

Our solicitors can offer eligible claimants their services under a Conditional Fee Agreement (CFA). This No Win No Fee contract means you can get legal representation without having to pay a service fee for their solicitor’s work:

• Prior to the start of the claim
• While the claim is ongoing
• In the event that the claim is unsuccessful

If you do receive compensation, you will then need to pay a success fee. This refers to the percentage of your compensation that you owe to your solicitor. There is a legal cap in place to ensure that most of the compensation stays with you.

Please do not hesitate to contact our advisors with any questions you may have about starting a claim. They have experience in handling similar cases, so they can advise you of the next steps if you are eligible to proceed.

• Via our telephone line on 0800 073 8804
• Using the pop-up chat on this webpage
• Through our contact us page

Frequently Asked Questions

Please continue reading as we address some frequently asked fatal accident claim questions.

Is There A Deadline For Making A Fatal Accident Compensation Claim?

Typically, the legal time limit means that you must start the claim within three years from the date that death occurred or the date that it became clear the death was a result of a party’s negligent actions. For example, the cause of death may not become clear until an inquiry or post-mortem has been performed.

How Can Compensation For A Fatal Accident Help Me?

Compensation can help many people to focus on the grieving process and look forward. It can help people recover from the financial impact they may have suffered. Some lose out on income due to time taken off work, or have to pay funeral costs.

How Long Will It Take Before We’re Paid Our Compensation?

Unfortunately, we cannot provide a time frame for your claim. Many factors could impact the length of time taken to claim, such as:

• Whether or not your claim goes to court
• How busy the court schedule is
• The nature of the fatal injury
• The amount and type of evidence that you need to provide
• Whether the defending party admits liability

Will Our Family Have To Go To Court?

A solicitor will typically aim to settle your claim outside of court as this is a much quicker process. However, there is a chance that your claim could go to court. If this were the case, your solicitor would discuss the details with you prior to court proceedings. You can also speak with one of our advisors if you would like more information about this. 

Learn More

You can also read our other fatal accident guides:

• Learn about manslaughter claims
• Find out how to claim for death due to dangerous driving
• Visit our guide on claiming for death due to a motorcycle accident

External resources

• Follow the NHS guidance for dealing with grief
• Visit the government webpage for bereavement support
• Report a death to the government

Thank you for reading our guide on fatal accident claims.