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How Much Compensation Can I Claim For a Fatal Accident or Wrongful Death?

By Max Mitrovic. Last Updated 6th July 2022. Welcome to our guide on how to claim death compensation on behalf of a loved one. Planning to make a death compensation claim? Read on for all necessary information about claiming death compensation.

If a family member or loved one is involved in a fatal accident or suffers death through a wrongful cause, then there is every likelihood that a death compensation claim can be made against the party at fault. In short, if a person dying as a result of a third party can be proven, death compensation could be claimed.

Three distinctly different legal entities can make a death compensation/wrongful death or fatal accident compensation claim. Those who can claim death compensation are the dependents of the deceased. Also able to claim death compensation are family members of the deceased and the state of the deceased. In the case of dependents and the deceased’s family, the reason for a death compensation claim is clear-cut and obvious. The situation becomes more complex when the estate of the deceased makes the death compensation claim.

Death Compensation Claims

Death Compensation Claims

Regardless of whether your claim for death compensation is clear-cut or more complex. You are going to need an experienced legal firm to assist you in pressing your death compensation claim. We are well-established solicitors who have decades of experience in helping people successfully claim death compensation for the wrongful passing of a loved one. We leverage our experience and expertise to ensure that the maximum amount of death compensation is claimed.

A family with dependents that suffers the death of a family member through a fatal accident will often face serious financial hardship unless they receive death compensation. Especially if the deceased was the major breadwinner. We aim to help such families by assisting them in securing adequate death compensation.

Furthermore, before any death compensation claims, there are ad-hoc expenses that will likely be incurred due to the death of a family member. Funeral costs and other out of pocket expenses are unavoidable. A death compensation claim needs to factor in these costs, and we do our best to make sure these costs are covered as part of a death compensation claim.

A Guide To Fatal Accident Compensation Claims

Part of our offer’s service is to evaluate any potential fatal accident or wrongful death compensation claim for our clients. We offer this as a free legal consultation service before death compensation claims. This means our clients receive the best advice on how to push their death compensation claim forward. And we explain the next steps to begin death compensation claims.

We understand that the unexpected death of a loved one is a traumatic event. And for many people, the last thing they need at such a troubling time is legal issues about claiming death compensation. Therefore, we make the death compensation claim evaluation process simple and efficient. We judge each death compensation case on its merit and offer advice. Usually, there’s evidence to support us taking on the death compensation claim.

Most death compensation clients expect some indication of the level of fatal accident compensation they will receive. Unfortunately, each death compensation claim is different. And the situation leading to the death compensation claim is often unique. But you can make a death compensation claim by following the criteria set out by the Fatal Accidents Act 1976.

For a free consultation about death compensation with our specialist legal advisors, get in touch anytime:

  • Call us about claiming death compensation on 0800 073 8804
  • Use our live chat feature on your screen to chat about death compensation
  • Or fill out a contact form on our website for a call back regarding death compensation

Select a Section

What Is a Fatal Accident?

A fatal accident is a death caused by a third party that is not the fault of the deceased, yet full blame cannot be attributed to the third party in some cases. Examples of this could be road traffic accidents, deaths that occur through accidents at work that are not the fault of the deceased, and deaths due to the execution of criminal activities. But any of these might allow you to claim death compensation as a relative of the victim.

When could I file a death compensation claim on behalf of the victim?

You can do this anytime after their accident and up to three years after the incident. But note that you will want to get all of the facts about the tragedy before making a claim. That could mean waiting until the true cause of death comes from an autopsy and perhaps an inquest. However, you could begin filing a wrongful death claim anytime after the accident kills the victim.

What is Wrongful Death?

Wrongful death occurs due to the negligence of a third party that is no fault of the deceased.

There is a subtle difference between a fatal accident and wrongful death. In the case of wrongful death, there is a clear indication of who was to blame for the death and why. Examples of this could be medical negligence or death through operating equipment at work that does not conform to safety standards.

No Win No Fee Fatal Accident Compensation Claims

Pursuing a fatal accident or wrongful death compensation claim can be a long-winded process. This means that there are likely to be significant legal fees to pay for the execution of the claim.

For many people, finding the money to pay for legal expenses can create an unavoidable obstacle preventing them from making a claim. We offer a No Win No Fee type of arrangement to help in these situations. If we don’t win you any death compensation, we don’t charge you a thing. If we do win death compensation on your behalf, our fee is deducted from the compensation payout.

This kind of No Win No Fee arrangement is often called a Conditional Fee Agreement (CFA). This kind of legal agreement has been set up to help people who may lack the finances to pursue a fatal accident or wrongful death claim gain access to the legal assistance to make a claim they are entitled to. Legal costs are tightly controlled in this case, meaning there are no upfront or hidden costs over the claims process.

Success fees applied as the result of a fruitful No Win No Fee fatal accident or wrongful death claim are capped by law, so you don’t have to worry about any out-of-pocket legal costs if your solicitor fails to win your claim.

Who Can Sue for a Fatal Accident in the Behalf of the Deceased?

Three separate parties could make a successful death compensation claim for a fatal accident or wrongful death of a person. These are:

  • Dependants of the deceased – children, spouse, partner or other family members who were directly provided financially by the deceased.
  • Family members of the deceased – family members who were not dependent upon the deceased financially yet have endured hardship due to death.
  • The estate of the deceased – this covers entities that have suffered some form of hardship through the deceased’s death. This could include entities such as a small business that has suffered financially due to the business owner’s death.

What Types of Circumstances That Can Cause Wrongful Death?

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 including:

  • 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 including:

  • 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, including:

  • Negligence during an operation resulting in the death of the patient.
  • Misdiagnosis leading to the death of the patient.
  • Cancer misdiagnosis, leading to incorrect treatment and death of the patient.
  • Negligence in maintaining sufficient healthcare for a patient resulting in death.
  • Death through badly carried out cosmetic surgery.
  • 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, including:

  • 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.

How Can You Make A Fatal Accident Claim?

You may be wondering, “how much compensation could I get for death that was caused by negligence?” This purely depends on aspects of the death, such as the loved one’s level of awareness before their passing, their age and the extent of the injuries caused.

To learn more about how to make a fatal accident claim, you can start by getting professional legal advice. You could do this before pursuing a claim as it can give you a better idea of whether you’re eligible to claim and the amount of compensation you could receive.

Our advisors will be more than happy to provide you with this legal advice at no charge. Questions we will ask may include:

  • How did the accident happen?
  • Who do you think was liable for the accident?
  • Where did it take place?
  • What is your connection to the deceased? We would need details regarding whether you’re a family member, dependant, or representative of the deceased.

Once we have this information, we can advise you on your next course of action. We can inform you of your claim eligibility, provide you a quotation using a death compensation calculation for the UK and connect you with a specialised solicitor who can work your case using a No Win No Fee agreement.

What is the time limit for a death compensation claim?

So, those claiming death compensation on behalf of a victim passing away has three years in which to do so. This is the case for all claims of this nature due to the victim no longer being around. Now, it could take a certain amount of time for an autopsy and an inquest to take place. And that could mean your claim window being shorter by the time that you have all the answers. Nonetheless, three years stands as the maximum time limit in which to file a claim.

Keep in mind that they would almost always be making their claim for claims where the victim is still alive. Only for children under 18 or victims lacking mental capacity would a litigation friend process the claim for them. But in this case, the victim is dead, and thus the claim is actually representative of the pain and suffering for their relatives. As such, the victim is never aware of the claim, but it can still happen in their memory nonetheless. And with our help, those who suffer the most after the untimely passing can still receive sufficient death compensation. Please continue reading for more information.

Top Tips On Proving Fatal Accident Claims 

When making a claim for compensation for the death of a family member (or another loved one), the success of doing so can depend on whether or not you can establish negligence. The best way to increase your chances of claiming fatal accident compensation is to gather as much evidence as possible.

There can be quite a few ways of proving that the death of a loved one was caused by negligence. However, we have included only a few key examples in the list below.

  • Visual evidence – For instance, the accident that caused the death of a loved one may have been captured on CCTV. In addition, the hazards or risks that caused the accident itself may be visible at the scene. You could take photographs of these to present when making your claim.
  • Witness statements – There may have been others who witnessed the fatal accident. If you gather their contact details, then a solicitor could assist you in collecting statements from them.
  • Medical evidence – A post-mortem will potentially need to be carried out. The report may contain information regarding the injuries that led to the deceased’s passing. The coroner can also be consulted on the subject of whether or not the deceased’s injuries were consistent with accounts of the incident that resulted in their

A compensation calculation for a fatal injury claim can be comprised of a number of different figures. If you have any questions about the process, then get in touch with our advisors today.

What Can I Claim for in a Fatal Accident or Wrongful Death Claim Case?

When it comes to fatal accident or wrongful death compensation claims, the amount that can be claimed differs widely from case to case. It also differs based on the claimant and their association with the deceased. As a rule of thumb, such claims could be able to be made for the following:

  • General damages – this covers items such as loss of family income, pain, and suffering caused by the death of a loved one and negative effect upon future life.
  • Punitive damages – this covers additional damages levied against the party responsible for the fatal accident or wrongful death as a form of punishment.
  • Medical expenses – this covers medical expenses incurred by the deceased before their death and medical expenses incurred by family members as a direct result of health issues that emerged as a direct result of the death of a loved one.
  • Funeral expenses – the financial cost of burying or cremating the deceased.
  • Bereavement award who can claim? – Bereavement damages compensate families for their pain and suffering.

Other Expenses Associated with Death

The above types of damages resulting in wrongful death compensation being awarded are some of the most common. However, no two cases are the same, and there could be any number of additional reasons why death compensation may be payable, such as:

  • Long-term adverse effects upon the family members and survivors of the deceased. Here we are covering things like a loss of potential future inheritance (due to loss of long-term earnings and savings), as well as loss of ongoing care and protection.
  • Emotional pain and mental suffering encountered by the deceased’s family and survivors hurt their lives.
  • Future loss of earnings by the victim negatively affecting family and survivors through to expected retirement age.
  • Loss of benefits such as disability payments and pension payments due to the death of a family member.

How Much Compensation Can I Claim for Funeral Expenses After a Fatal Accident or Wrongful Death?

wrongful death compensation claim

Wrongful death compensation claim

In general, a wrongful death compensation claim for a fatal accident will include covering funeral expenses. Funeral expenses are a catch-all term to cover out of pocket expenses incurred as part of the process of burying or cremating the deceased, such as:

  • Purchasing a burial plot in case of burial.
  • Undertaker’s fees.
  • Purchasing of a coffin or casket in the case of burial.
  • Purchasing of the funeral urn in the case of cremation.
  • Payment of crematorium fees in case of cremation.
  • Hiring a hearse and other funeral vehicles.
  • Food served as part of the funeral service.
  • The actual funeral service itself.
  • Flowers, wreaths and other funeral decorations.
  • The wake after the funeral service.
  • Sending out invitations before the funeral.

Statistics For Fatal Accidents In The Workplace

There are statistics from the HSE that tell us how many people suffer fatal work accidents over the course of the year. The latest figures show that a total of 142 died in Great Britain as a result of workplace injuries in 2020/21.

As you can see from the graph below, the industry that this was the most common in was construction. Additional information from this source also tells us that the most common cause of death in the workplace over the same period was falling from a height.

Death compensation graph

Fatal Accident Compensation Amounts

If you’re wondering what type of payout you could be entitled to, you may be tempted to use online tools claiming to be personal injury compensation calculators. However, in our experience, these can be inaccurate and misleading. Therefore, we instead advise that you get in touch with our team for a free and accurate consultation tailored to the specific circumstances of your case.

The Judicial College Guidelines is an independent organisation that releases accurate estimates of how much compensation personal injury claims, including those for death compensation, could yield.

In this section, we’ve included some examples from these guidelines to give you an idea of how much you could be eligible to claim.

Reason for CompensationTypical Compensation AmountComments
Death + Add on ClaimsUp to £500,000 plusClaims can reach this value if they factor in the likes of dependency costs, loss of earnings, loss of pension and much more.
Death (With full awareness)(A) £12,540 to £23,810The level of awareness will fluctuate for a period of 4-5 weeks and intrusive treatment will be administered
Death (After unconsciousness)(B) £10,510 to £10,670Pain of an excruciating nature, but with a loss of consciousness after 3 hours, then death within 2 weeks
Death (Death after 6 weeks, after unconsciousness)(C) £3,760 to £4,390Unconsciousness will be immediate
Death (Immediate unconsciousness, death with a week(D) £1,370 to £2,790When the victim dies the same day as their injuries are sustained, the value will be towards the lower end of the bracket
Mental anguish(E) £4,670Fear of death and expectation of end of life.
Tetraplegia/Quadriplegia(a) £324,600 to £403,990Typical quadriplegia cases can often fall in the middle of this bracket - Level of pain and other factors taken into consideration
Brain damage(a) £282,010 to £403,990Very severe - Little or no response to environment of any meaningful nature

Why Choose Us as Your Claims Service?

Our goal is to help every client gain access to the legal advice and representation they need, regardless of their financial position. We are service driven, with a customer-focused business ethic. Put, we keep the needs of our clients at the forefront of everything we do.

We always attempt to consider every aspect of a claim or case. We won’t jump to conclusions. We will always ask every question we need to be answered to advise our clients the best way. No two claims for a fatal accident or wrongful death compensation are ever the same. There is always a myriad of factors that affect any claim for death compensation. We see it as our responsibility to ensure that we cover every angle to ensure we have the best possible chance of achieving a positive outcome for our clients.

Furthermore, we always try to claim the highest amount of death compensation we can. So that every client receives the maximum benefit of our service., we professionally do this with the best intentions of achieving exceptional results for all of our clients.

Learn More About Compensation Claims

We’ve included some links to other guides you may find useful:

Wrongful death compensation claim FAQs

What is wrongful death?

There is a subtle difference between a fatal accident and wrongful death. In the case of wrongful death, there is a clear indication of who was to blame for the death and why. Examples of this could be medical negligence or death through operating equipment at work that does not conform to safety standards.

Do you need advice about a fatal accident or wrongful death compensation claim? Are you a surviving family member who has suffered due to the unexpected death of a loved one?

If you believe you have any grounds for pursuing a wrongful death or fatal injury claim, then we are here to help you. Reach out to us, and we will deal with your inquiry in a simple, efficient manner designed to cause as little emotional and mental anguish as possible at this troubling time. There’s no need to worry about any hidden or upfront fees to pay, as we always work on a No Win No Fee basis.

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

Help With Bereavement

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.

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