Bereavement Award – Am I Eligible To Claim It?

Have you lost a loved one to a fatal accident? If so you may be entitled to claim compensation for how the death has impacted you as well as a Bereavement Award.

In this guide, we will explain what this award is and show you how to claim it after a fatal accident. We will describe who can claim and when, as well as any other types of compensation you could receive in a fatal accident claim.

Furthermore, we share how long you have to make a fatal accident claim. Finally, we will discuss whether you need a solicitor to claim bereavement damages.

If you would like some free advice, you can contact one of our friendly advisors:

People in grief standing around the coffin of a loved one

 

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What Is The Bereavement Award?

The Statutory Bereavement Award was created under the Fatal Accidents Act 1976 (FAA) to compensate certain qualifying relatives who had lost a loved one in a fatal accident.

To claim, you must show that your loved one passed away because of negligence. This is where:

  • A third-party owed a duty of care.
  • They breached their duty of care.
  • That breach caused the deceased’s fatal injuries.

There are various instances where someone may be owed a duty of care, such as:

  • On the roads – All road users have a duty of care to prevent causing harm to one another by using the roads safely. They must also adhere to the Road Traffic Act 1988 and the Highway Code.
  • At work – Under the Health and Safety at Work etc. Act 1974 all employers have a duty of care to take reasonable steps to help ensure their employees don’t come to harm while they are working.
  • In public places – Those in control of a public place have a duty of care under the Occupiers’ Liability Act 1957 to ensure the reasonable safety of those visiting that public space.

Continue reading to see if you may be eligible to receive the Bereavement Award. You can also contact our advisors to see if you could claim if your loved one was involved in a fatal road traffic accident,  fatal accident at work or other fatal incident.

Who Can Claim The Bereavement Award?

The FAA states that only certain relatives qualify for a Bereavement Award.

This is a lump sum of £15,120 and can be awarded to or split between the following:

  • Their surviving spouse, including civil partners.
  • Their partner with whom they cohabited for at least two years.
  • Their parents if they were an umarried minor.

To see if you may qualify for this award, you can contact a member of our advisory team.

How Did The Bereavement Award Change In May 2020?

In May 2020, the Bereavement Award was increased from £12,980 to £15,120. However, this increase only applied to deaths that occurred on or after the 1st May 2020.

Additionally, prior to this date, only the current spouse or civil partner of the deceased could receive this award. This was extended to those who cohabitate with the deceased for at least 2 years as spouses prior to their death.

If you have any questions about claiming compensation following the death of a loved one, you can contact a member of our advisory team.

A heavily damaged grey car is covered in snow.

How Long Do I Have To Claim Using The Fatal Accidents Act

Generally, you have three years to begin a fatal accident claim. This can run from:

  • The date of death.
  • The date of a postmortem or inquest (known as the date of knowledge).

However, it is important to note that under the Law Reform (Miscellaneous Provisions) Act 1934 (LRMP), the deceased’s estate is the only party that can make a claim for the first 6 months following the deceased’s death. This can be a claim for the deceased’s pain and suffering, their special damages (financial losses) and a claim on behalf of the dependents for how the death has impacted them.

If, after these six months, the estate has not made a claim on their behalf, the dependents can make their own claim. Under the FAA, the following parties qualify as a dependent:

  • Husband, wife or civil partner (current or former)
  • Some who cohabitate with the deceased for 2 years prior to their death as spouses
  • Parent or other ascendent of the deceased or someone treated as such, e.g. step-parent
  • Child or other descendent of the deceased or someone treated as such, e.g. step-child
  • The sister, brother, aunt, uncle or cousin of the deceased.

To see if you are still within the time limit to make a fatal accident claim for a Bereavement Award, you can contact our advisors.

Can I Claim Other Forms Of Compensation For A Fatal Accident?

As previously aforementioned, the deceased’s estate can claim compensation for the deceased’s pain and suffering as well as their special damages.

We have also covered how certain relatives can make a claim for a Bereavement Award.

In addition to this, other forms of compensation could be awarded in a fatal accident claim. These include:

  • Loss of Dependency – for the income or financial benefits you would have relied upon if not for the fatal accident, i.e. loss of earnings.
  • Loss of Services – for the skills or aid you would have relied upon if not for the fatal accident, i.e. gardening, home repairs, or other loss of amenity.
  • Loss of Consortium – for losses that cannot be quantified financially anywhere else, such as the loss of companionship.

Contact our advisors to see if you could claim compensation following the death of a loved one.

Do I Need A Solicitor To Claim Bereavement Damages?

You are not obligated to work with a solicitor when making a data accident claim. However, doing so can come with many benefits. For example, a solicitor can help guide you through the claims process and explain any legal jargon used.

Furthermore, the fatal accident solicitors on our panel can work on a No Win No Fee basis under a Conditional Fee Agreement. This means you:

  • Will not pay for their services upfront
  • Pay for their work as the claim progresses
  • Will not pay for their completed services if the claim fails
  • Will pay a success fee to the solicitor if the claim is a success. This is taken from the compensation as a legally restricted percentage.

If you have any questions regarding fatal accident claims or a Bereavement Award, you can contact our advisors.

A surviving spouse fills in a form while their solicitor explains how to claim for a Bereavement Award.

Learn More About Claiming Compensation

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Thank you for reading our guide on the Bereavement Award and other fatal accident compensation.