How Much Compensation Can You Claim For A Wrongful Death?

By Danielle Jordan. Last Updated 19th June 2024. If you’ve lost a loved one in an accident you may feel a mix of emotions, from heartbreak to outrage (especially if the fatal accident was avoidable). In such circumstances, it may be possible to claim compensation for wrongful death. In this guide, we’ll provide you with everything you need to know.

Knowing how to claim compensation for the death of a family member or loved one can be difficult. Below, we explain the eligibility criteria and set out who can make a fatal accident claim. We also explain how you can be compensated for funeral costs and other expenses.

If you’d like to check if you could be entitled to a fatal accident compensation amount, the best thing to do is to arrange a free consultation with us today. You can get in touch anytime using any of the free methods below:

• Call us on 0800 073 8804
• Use our live chat feature on your screen to chat now
• Or fill out a contact form on our website for a callback regarding a fatal accident claim

Select A Section

1. Fatal Accident Compensation Amounts And Payouts
2. Can I Claim Compensation For The Death Of A Family Member?
3. In What Circumstances Could I Make A Wrongful Death Claim?
4. Do I Need Evidence To Support A Fatal Accident Compensation Claim?
5. How Legal Expert Can Help You Claim Compensation For The Death Of A Family Member

Fatal Accident Compensation Amounts And Payouts

In successful fatal accident claims, the estate can be awarded compensation for the deceased’s injuries. The fatal accident compensation amount could consist of two heads of loss (or parts). Additionally, some other forms of compensation may be awarded to the dependents of the deceased.

How Is A Death Compensation Calculation Made?

The heads of loss that may be awarded for the deceased’s fatal injuries are general and special damages. General damages are awarded for the physical pain and emotional suffering the deceased experienced as a result of the fatal accident. Under special damages, the financial losses experienced by the deceased as a result of their injuries could be compensated for. For example, their loss of earnings for the time between the accident and when they died, or money for nursing care.

To help with a death compensation calculation for general damages, those responsible for valuing fatal injury claims may refer to the guidelines published by the Judicial College (known as the JCG). The JCG provide a list of different injuries, including those which may result in a fatality alongside a guideline compensation amount.

In our table below, we look at a few figures from the JCG that might be awarded in a fatal accident claim. Additionally, we look at a figure in the top row that shows how a settlement could consist of a payout for the deceased’s fatal injuries as well as other types of compensation that could be claimed by the dependents (we look at this in the next section). This figure was not taken from the JCG. As all fatal accident claims are different, the table is only provided to show you how compensation could be awarded. As such, please only use it as guidance.

What Else Could Be Awarded Under Fatal Accident Compensation?

Some other forms of compensation may also be awarded as part of a fatal accident claim. These can include compensation to cover:

• Funeral costs. 
• Financial dependency. This can be claimed for the impact that the loss of the deceased’s income has had on the family if they contributed to the finances. It can cover both past and future losses. 
• Loss of services. This can include anything the deceased did that would now require outside help, such as DIY around the house or childcare. 
• Loss of consortium or loss of a special person. This covers loss of companionship and the impact the death had on the familial relationship as well as losses that cannot be financially quantified elsewhere. 

Additionally, certain qualifying relatives may be able to claim the bereavement award outlined in Section 1A of the Fatal Accidents Act 1976. This is a fixed amount set at £15,120. This amount can be awarded to or split between:

• The deceased’s spouse, civil partner, or cohabiting partner (a partner who lived with the deceased as a spouse prior to their death for at least two years).
• If the deceased was an unmarried minor, the deceased’s parents can claim. 

If you have any questions about a fatal accident compensation amount in the UK, contact one of the advisors from our team. They’re here to help you 24 hours a day, 7 days a week.

Can I Claim Compensation For The Death Of A Family Member?

You may be wondering who can claim in the event of a wrongful death. In this section, we explain who can claim on behalf of those who died in traumatic accidents caused by a liable party’s negligence.

In the first six months following your loved one’s death, the Law Reform (Miscellaneous Provisions) Act 1934 allows for the estate to claim on behalf of the deceased for their pain and suffering. We looked at how fatal accidents compensation for pain and suffering might be awarded above.

Once the first six months have passed, the Fatal Accidents Act 1976 allows for certain dependents to claim for the impact the death has on them. A dependant could include:

• A spouse or civil partner, either current or former.
• Someone living with the deceased as a spouse for at least two years prior to their passing.
• The parent or stepparent, or someone treated as a parent by the deceased.
• The deceased’s children, stepchildren, or anyone they treated as their children. This could include stepchildren from a previous marriage.
• Siblings, aunts and uncles or cousins.

Claims under both pieces of legislation will typically be compensated in the same settlement.

Our advisors are available to answer any questions you may have regarding claiming on behalf of a loved one. If your loved one died due to a liable party’s negligence, you can call us 24 hours a day, 7 days a week for free advice without any obligation to claim.

In What Circumstances Could I Make A Wrongful Death Claim?

A wrongful death claim could be made if a person has suffered a fatal injury due to another party breaching the duty of care they owed the deceased.

There are various instances where your loved one may have been owed a duty of care, such as:

• In the workplace – Per the Health and Safety at Work etc. Act 1974, all employers owe their employees a duty of care. Per their duty of care, they must take reasonable steps to ensure the safety of their employees whilst they are in the workplace or performing work-related duties.
• On the Road – Under the Road Traffic Act 1988, road users owe each other a duty of care. Per this duty, they must use the roads responsibly and safely to avoid causing harm to themself or others. They must follow the rules set out for them in the Highway Code to promote road safety.
• In Public – Per the Occupier’s Liability Act 1957, any party in control of a public space owe a duty of care to members of the public. They must take all the necessary steps to ensure the reasonable safety of those using that space for its intended purposes.
• In Medical Settings – All medical professionals owe a duty of care. Per this duty, they must ensure they provide their patients with the correct standard of care.

If a relevant third party were to breach their duty of care, this could result in your loved one suffering a fatal injury, and a claim could be made. Later in this guide, we will discuss who could make a fatal accident claim.

To learn more about the eligibility requirements for claiming compensation for the death of a loved one, please read on or contact our team of advisors for help.

Do I Need Evidence To Support A Fatal Accident Compensation Claim?

If you are claiming compensation on behalf of the deceased for their wrongful death, you will need to obtain sufficient evidence that proves liability for their fatal injuries as well as the extent of their pain and suffering.

Here are a few examples of evidence that could support fatal injury claims:

• Coroner’s report or the findings of an inquest.
• If anyone witnessed the accident, you could collect contact information so witnesses can provide a statement later into the claims process.
• Video footage of the incident. For example, if the accident was captured on CCTV or a doorcam.
• The deceased’s medical records. These can illustrate the nature of their injuries as well as what treatment they were given.

If you have any questions about what evidence you could gather to support a claim for a fatal accident compensation amount in the UK, please contact one of the advisors from our team.

How Legal Expert Can Help You Claim Compensation For The Death Of A Family Member

Now that we’ve discussed how much compensation for the death of a family member you might be awarded, you may want to know how a No Win No Fee solicitor could help you when claiming for a wrongful death. They’ll be able to assist with various aspects of the process, such as collecting evidence and making sure all bases of your claim are covered.

Additionally, they could offer their services under a type of No Win No Fee contract known as a Conditional Fee Agreement. This typically means you can access their services but without ongoing fees or paying upfront. Furthermore, you might not be required to pay them for their services if your claim does not succeed.

If your claim is successful, your solicitor takes a success fee from your compensation. However, the Conditional Fee Agreements Order 2013 caps the percentage solicitors take from your award.

If you would like to work with one of our expert solicitors on the basis of a No Win No Fee, please don’t hesitate to get in touch. Our advisors can also assist you with any queries about fatal accidents compensation.

Contact Us

If you’re looking for a free consultation with our specialist legal advisors, you can get in touch today, anytime:

• Call us on 0800 073 8804
• Use our live chat feature on your screen
• Please fill out a contact form on our website for a callback

Thank you for reading our wrongful death compensation claims guide. We wish you luck in your pursuit of the payout that you deserve. But please get in touch with us for any further questions regarding death compensation claims.