How Much Compensation Can You Claim For A Wrongful Death?
By Danielle Jordan. Last Updated 15th November 2023. 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 death compensation on behalf of a loved one can be difficult. Below, we’ll explain the eligibility criteria and set out who can make a fatal accident claim on behalf of the deceased. We’ll also consider getting compensated for funeral costs and other expenses.
A family with dependents who suffers the death of a family member through a fatal accident will often face serious financial hardship unless they receive compensation. Especially if the deceased was the major breadwinner. Here at Legal Expert, aim to help such families by assisting them in securing the justice and support they need.
Most death compensation clients expect some indication of the level of fatal accident compensation they will receive. We’ve provided some figures below, but each case is unique. The best thing to do is to arrange a free consultation with us today. You can get in touch anytime using any of the 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
- Fatal Accident Compensation Payout Examples
- Who Can Make Fatal Injury Claims On Behalf Of The Deceased?
- When Could You Claim For A Wrongful Death?
- What Types of Circumstances Can Cause Wrongful Death?
- Evidence To Support A Fatal Injuries Claim
- No Win No Fee Fatal Accident Compensation Claims
- What Can I Claim For In A Fatal Accident Or Wrongful Death Claim?
In successful fatal injury claims, compensation can be awarded for the physical and mental suffering the deceased experienced due to the incident.
When valuing this part of a fatal injury compensation claim, those responsible for evaluating the case may refer to the Judicial College Guidelines (JCG) from Judiciary UK. The JCG assign compensation guideline brackets to various types of injuries.
In our table below, we look at a few figures from the 2022 edition of the JCG that might be relevant to a claim for wrongful death. As every case will be assessed on individual merits, this table is only provided for guidance.
|Fatality add-on||Award may include loss of earnings and other financial dependency in addition to the pain and suffering experienced by the deceased.||£550,000+|
|Tetraplegia/Quadriplegia||Pain, mental impact and life expectancy will be considered.||£324,600 to
|Paraplegia||In addition to the pain and suffering, the award considers life expectancy.||£219,070 to
|Very severe brain damage (a)||There is little, if any, response to the environment.||£282,010 to £403,990|
|Severe psychological damage||There is an inability to cope with life or function in relationships.||£54,830 to £115,730|
|Death - Full awareness (a)||Full awareness followed by fluctuating consciousness and intrusive treatment for burns and lung damage||£12,540 to £23,810|
Fatal Accident Compensation – What Else Could Be Awarded?
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.
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.
- Children, stepchildren, or someone treated as a child by the deceased, such as 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.
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.
There is a multitude of different circumstances that can lead to wrongful death. It is impossible to draft an exhaustive list. However, here are the most common types of accidents and events that could establish grounds for a wrongful death compensation claim:
Fatal road and traffic accidents:
- Car accidents resulting in the death of the driver or a passenger.
- Vehicle accidents resulting in the death of a pedestrian.
- Cycling accidents.
- Motorcycle accidents.
Fatal accidents that take place at work:
- Slip or trip accidents resulting in death.
- The operation of machinery that results in death.
- Work vehicle accidents that result in the death of the driver, passenger or pedestrian on work premises.
- Roofing accidents resulting in death.
- Cancer deaths caused by work exposure to asbestos.
- Mesothelioma contracted due to work exposure to asbestos.
Medical negligence resulting in death:
- Negligence during an operation resulting in the death of the patient.
- Misdiagnosis leads to the death of the patient.
- The death of a mother or child during childbirth due to negligence.
- The death of a care home resident due to negligence.
Fatal public accidents:
- Accidents in the street or another public place.
- Incidents in retail stores such as shops, supermarkets, and shopping malls.
- Any accidents at leisure venues such as theme parks, funfairs, and water parks.
- Incidents within holiday venues such as holiday parks and campgrounds.
- Accidents at private leisure venues such as gymnasiums, golf courses, swimming pools or other public sporting venues.
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.
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 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.
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.
Learn More About Compensation Claims
We’ve included some links to other guides you may find useful:
- I had an accident at work, what are my rights?
- Brain injury claims
- Mesothelioma and asbestos exposure claims
- Get compensation for a car accident
- Serious injury claims
- Motorcycle accident claims
- Medical misdiagnosis claims
- Hospital negligence claims
- How to make an accident at work claim
- What does No Win No Fee mean?
- Head injury claims
- Try our whiplash compensation calculator
- How to find No Win No Fee solicitors
- How to claim hit and run compensation
- Care Home Claims Guide
- Lancaster Personal Injury Solicitors
- Leicester Personal Injury Solicitors
- Lewisham Personal Injury Solicitors
- Lisburn Personal Injury Solicitors
- Liverpool Personal Injury Solicitors
- Livingston Personal Injury Solicitors
- Loughborough Personal Injury Solicitors
- Macclesfield Personal Injury Solicitors
- Maidenhead Personal Injury Solicitors
- Mansfield Personal Injury Solicitors
- Can I Claim Compensation For Post-Traumatic Stress Disorder?
- Compensation For Hip Replacement Injury
- See if you can make a claim for injuries sustained after you tripped over a doormat.
- How Much Compensation Can I Claim For Jet Ski Accident Claims?
- Fatal Road Traffic Accident Claims
- Read this guide to learn more about the limitation period for personal injury
- Wedding Food Poisoning Compensation Claims
- Optician Negligence Claims
- Allergic Reaction After Eating At A Cafe – What To Do
- Can I Sue The NHS for A Misdiagnosis?
- What Is The Average Compensation For An Electric Shock?
- Bus Passenger Accident Claims Guide