When a loved one dies because of someone else’s negligent actions or inactions, the emotional and financial toll can be devastating. Whether your loss arose from a road traffic collision or a workplace accident, understanding your rights can help ease the burden. At Legal Helpline, our panel of fatal accident solicitors can support you through the fatal accident claims process from start to finish. We aim to help bereaved families get the financial compensation they deserve.
What You Need To Know
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You may be eligible to make a fatal accident compensation claim as a dependent or as the representative of the deceased person’s estate
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Claims can cover bereavement damages, funeral expenses, and financial losses such as loss of services and lost income
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The Fatal Accidents Act 1976 (FAA)and the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) both apply to fatal claims
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The statutory bereavement award is £15,120 and applies to certain close relatives
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Legal Helpline offers No Win No Fee agreements to help you access the services of an expert solicitor
Contact Us
We understand that this can be a lot to take in at such a difficult time, and our team of advisors are here to help. Get in touch with our team today to discuss your potential case further by:
- Calling us on 0333 0000729
- Contacting us online
- Using our live chat feature to speak to a real agent, not an AI bot
Jump To A Section
- Who Is Entitled To Make Fatal Accident Claims?
- How Much Compensation Is Given Through The Bereavement Award?
- What Compensation Could I Get For A Dependency Claim?
- What Compensation Could The Estate Claim For?
- What Are The Most Common Types Of Fatal Accident Claims?
- Is There A Fatal Accident Claim Time Limit?
- How Can I Fund A Claim After A Loved One’s Fatal Accident?
- Getting Expert Fatal Accident Advice From Legal Helpline
- More Information
Who Is Entitled To Make Fatal Accident Claims?
To be eligible to make a fatal accident claim, you must either:
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Represent the deceased person’s estate (e.g. as an executor or administrator), or
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Qualify as a dependent under the FAA
But before any claim can be successful, it must be proven that the fatal accident occurred due to someone else’s negligent actions or inactions.
Negligence occurs when a person or organisation breaches a legal duty of care owed to another, resulting in harm or, in this case, death. In the context of fatal accidents, this means:
- The at-fault party owed the deceased a duty of care
- That duty was breached through action or inaction
- The breach directly caused the person’s death
The Fatal Accident Act 1976
This law allows certain eligible claimants, such as spouses, civil partners, children or parents, to recover damages for how the person’s death has impacted them financially and emotionally.
Compensation can include:
- Bereavement damages
- Loss of financial support
- Loss of services (e.g. childcare or household tasks)
The Law Reform (Miscellaneous Provisions) Act 1934
The Law Reform (Miscellaneous Provisions) Act 1934 allows the deceased’s estate to claim for the losses the deceased experienced between the time of injury and their death. These can include:
- Pain and suffering experienced before death
- Loss of earnings in the period before death
- Medical expenses or care costs incurred before the person passed away
- Probate costs associated with administering the estate
Additionally, they can make a claim on behalf of the dependents.
It’s important to note that for the first 6 months after the death, only the estate can bring a claim. After this period, if the estate has not pursued a claim on their behalf, dependents may make their own claim for how the death has impacted them.
If you’re unsure which legislation applies to your circumstances, speak with our specialist team for free, expert advice today.
How Much Compensation Is Given Through The Bereavement Award?
Under Section 1A of the Fatal Accidents Act 1976, certain relatives may be entitled to a statutory bereavement award of £15,120. This payment compensates for the emotional distress caused by losing a loved one due to someone else’s fault.
You can claim bereavement damages if you are:
- A husband, wife or civil partner
- A cohabiting partner living with the deceased as spouses for at least 2 years
- The parent of an unmarried minor, or the mother of an illegitimate minor
If multiple people qualify, the compensation awarded is split equally.
Call our injury team today for help determining your eligibility for the bereavement award.
What Compensation Could I Get For A Dependency Claim?
A dependency claim under the FAA can cover several types of financial support lost due to the death, such as income, services, and expenses.
Examples Of Financial Dependency
If you relied on the deceased’s income for your living expenses, you could claim for:
- Loss of earnings – the amount the deceased would have contributed to the joint family income
- Pension losses
- Future loss of financial support for dependent children
Examples Of Loss Of Service
Services provided by the deceased such as:
- Childcare
- DIY and maintenance
- Transport or care for family members
These services will need to be quantified by a solicitor. They can also cover past and future losses.
Covering The Cost Of A Funeral
You may also claim for funeral expenses, including:
- Burial or cremation fees
- Coffin and hearse
- Flowers, catering, and venue hire
Examples Of Loss Of Consortium
This may also be referred to as loss of a special person. It accounts for the losses that cannot be quantified financially elsewhere.
It covers things like:
- Loss of companionship
- The impact on a familial relationship
Who Is Classed As A Dependent Of The Deceased?
The FAA defines a “dependent” as someone who had a recognised relationship with the deceased. This includes:
- Spouse, former spouse, or civil partner
- A partner who lived with the deceased for 2+ years
- Parents, grandparents or someone treated as a parent
- Children, stepchildren, or anyone treated as a child
- Siblings, uncles, aunts, nieces, or nephews
Speak with our team today to check if you qualify as a dependent or to ask any questions you may have about the fatal accident claims process.
What Compensation Could The Estate Claim For?
As previously aforementioned, the estate of the deceased could claim compensation for the pain and suffering of the deceased (general damages) and any associated financial losses they expereinced (special damages) due to their fatal injuries.
When calculating compensation for the deceased’s pain and suffering, the Judicial College Guidelines (JCG) may be referred to. We have used some of their figures in the table below, as this document contains compensation guidelines for various severities of injuries.
Please note, however, that the first entry has not come from the JCG.
| Injury | Compensation Guidelines | Notes |
|---|---|---|
| Fatality plus Add-On Claims | Up to £550,000 and over | Compensation for the pain and suffering of the deceased and financial losses such as dependency payments. |
| Paralysis - Tetraplegia | £396,140 to £493,000 | Cases involving significant effect on the senses and physical pain being present will be towards the higher end of this bracket. |
| Paralysis - Paraplegia | £267,340 to £346,890 | Extent of pain and the age of the person, among other factors, will impact the amount awarded. |
| Brain Damage - Very Severe | £344,150 to £493,000 | A need for full-time nursing care with little to no evidence of meaningful response to their environment. |
| Injuries Resulting In Death - Full Awareness | £15,300 to £29,060 | For a short period, there will be full awareness before fluctuating levels on consciousness with the person dying within a few weeks up to 3 months. |
Contact our advisors today for more information on how compensation is calculated in fatal injury claims.
What Are The Most Common Types Of Fatal Accident Claims?
Fatal accident claims can arise in a wide range of settings where a person has died due to another party’s negligent actions or inactions. In each scenario, the key to a successful fatal injury claim is establishing that the at-fault party owed the deceased a duty of care, breached that duty, and caused the person’s death.
Here are some of the most common types of fatal accidents where a claim might be possible:
Fatal Road Traffic Collisions
All road users—including drivers, motorcyclists, cyclists, and pedestrians—owe one another a duty of care to operate safely and follow the Road Traffic Act 1988 and the Highway Code. When someone breaches that duty and causes a road traffic accident, they may be held liable for any resulting death.
For example, this could include a driver speeding through a red light, colliding with another vehicle, and killing the passenger instantly. The deceased’s family may pursue a fatal accident compensation claim against the driver for breaching their duty of care by driving recklessly.
Fatal Accidents At Work
Employers have a legal duty of care under the Health and Safety at Work etc. Act 1974 to ensure the health and safety of their employees by implementing reasonable steps and measures.. A failure to do so—whether through poor training, inadequate equipment, or ignoring known hazards—can lead to fatal outcomes.
For example, a warehouse worker is crushed by a forklift truck after being assigned to an area with no safety barriers or proper supervision, and they pass away from their injuries. The employer’s failure to assess and mitigate this risk may be seen as a clear breach of duty of care.
Fatal Public Place Accidents
Those in control of public spaces – such as parks, libraries and restaurants – owe a duty of care to all visitors under the Occupiers’ Liability Act 1957. They must ensure the reasonable safety of visitors while they are on those premises. When they fail to do so, and a fatal accident occurs, it may be possible to make a compensation claim.
For example, a customer dies after slipping on an unmarked wet floor in a supermarket and hitting their head on the ground. CCTV shows the spill was left unattended for hours without any warning signs. This would likely constitute a breach of duty, resulting in a fatal public liability claim.
These are only a few examples of fatal accident claims and how they can occur. To learn more, contact our team, or keep reading to find out if you’re within the time limit.
Is There A Fatal Accident Claim Time Limit?
All fatal accident claims are subject to a time limit, meaning they must be started within:
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3 years from the date of death, or
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3 years from the date of knowledge that negligence may have caused the death
The “date of knowledge” can be later than the date of death, especially if there is an inquest or post-mortem investigation that reveals the cause of death and any possible failings (such as medical negligence or safety breaches). This means that if you only become aware later that the death was potentially avoidable, the 3-year limitation period may begin from that point.
We understand that the fatal accident claims time limit can seem confusing, but we are here to help. Contact our team today to find out if you are within the time limit to make a claim. Or, keep reading to learn how you could fund the work of a solicitor.
How Can I Fund A Claim After A Loved One’s Fatal Accident?
At Legal Helpline, we understand that the loss of a loved one brings not just grief, but it can also be a heavy financial burden. That’s why our panel of solicitors offer a type of No Win No Fee agreement, also known as a Conditional Fee Agreement (CFAs), to fund their work.
With a No Win No Fee arrangement:
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You pay nothing for their services upfront
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You pay nothing for their work if the claim fails
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If successful, a legally capped percentage is taken from your compensation. This is referred to as a success fee.
Our panel of solicitors can help both the estate of the deceased and dependents with making a fatal accident claim.
Get in touch with our advisors now to begin your claim under a No Win No Fee agreement.
Getting Expert Fatal Accident Advice From Legal Helpline
Legal Helpline works with a panel of solicitors who have extensive experience handling fatal accident compensation cases in a sensitive and effective manner.
We offer:
- Free case assessments with no obligation
- Expert guidance on your eligibility and options
- Support in gathering witness statements and evidence
- Support in negotiating a fair compensation settlement
Whether you’re seeking damages for funeral expenses, a financial dependency claim, or a bereavement award, our panel of solicitors are here to support you at every step.
Contact Our Team Of Advisors
If our panel of solicitors sound like they could be right for you, contact our team today to learn more by:
- Calling us on 0333 0000729
- Contacting us online
- Using our live chat feature to speak to a real agent, not an AI bot
More Information
For more helpful compensation claims guides:
- Find out what the term interim payment means
- Get information on After the Event insurance
- Learn what the term litigation friend means
Or, for further resources:
- Learn where to get help with bereavement from the NHS
- Get information on death and bereavement from GOV.UK
- Learn about Cruse, the bereavement support charity
Thank you for reading our guide to fatal accident claims.
