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Losing any loved one to a road traffic accident can be devastating, and no amount of compensation can erase what happened to your family. Nevertheless, compensation can provide the necessary financial support during these most difficult of times. If you believe you have a valid fatal road traffic accident claim, please continue reading to explore the meaningful role that compensation could play in helping you rebuild your life in the fallout of such a sudden loss.
Key Takeaways
- There were an estimated 1,633 road fatalities in 2024, according to government statistics on reported collisions.
- According to the same government statistics, 43% of those fatalities were car occupants.
- The deceased’s estate is the only party that can file a claim within 6 months of their death.
- Qualifying relatives may be able to claim for how their loved one’s death has impacted them.
- All of the solicitors on our panel represent their clients on a No Win No Fee basis.
At Legal Helpline, our advisors can put you in contact with one of the fatal accident solicitors making up our specialist panel. They have extensive experience in securing compensation for grieving families. They will do all they can to ensure that you’re supported at every step of the legal process during this impossibly difficult time. Contact our advisors today for a free consultation:
- Call 0333 000 0729
- Fill out our ‘Contact Us’ form.
- Send a message in our on-screen live chat box.
Jump To A Section
- How To Make Your Fatal Road Traffic Accident Claim
- How Much Compensation Could Be Awarded After A Fatal Road Accident?
- How Can Fatal Road Accident Compensation Help?
- What Are The Time Limits After A Fatal Road Traffic Accident?
- Will Evidence Be Needed To Support A Road Accident Fatality Claim?
- Get Help From Our Panel Of No Win No Fee Solicitors
- Fatal Road Traffic Accident Claim FAQs
- Learn More
How To Make Your Fatal Road Traffic Accident Claim
To make your fatal road traffic accident claim, you will need to meet the following eligibility criteria:
- The deceased was owed a duty of care by another road user.
- The road user was negligent and breached their duty of care.
- This breach led to the deceased being fatally harmed.
All road users, from drivers to cyclists, owe each other a duty of care in order to keep everyone safe on their travels. This duty involves navigating in a way that avoids injury to others and oneself. To meet this responsibility, they must follow The Highway Code and the Road Traffic Act 1988 at all times.
If a road user is fatally harmed as a result of negligent actions, then a wrongful death case can be made. Under the Law Reform (Miscellaneous Provisions) Act 1934, the deceased’s estate is the only party that can claim in the initial 6 months following their passing. The estate can file a claim for how the deceased suffered physically, mentally, and financially prior to their passing, and can also make a claim on behalf of certain relatives of the deceased (known as dependants).
Claiming As A Dependant Of The Deceased
Eligible relatives can claim as a dependant of the deceased if the estate did not do so on their behalf during the 6-month window that followed their loved one’s passing. This claim would be for how they’ve been impacted by the death, and is made under the Fatal Accidents Act 1976.
Many kinds of relatives count as dependants, including:
- Current and former husbands, partners, and wives.
- Parents/step-parents and guardians.
- Children/step-children.
- Siblings, aunts and uncles (and their children)
- Anyone who lived as a spouse or partner for at least 2 years prior to the deceased’s passing.
To confirm whether you have an eligible fatal road traffic accident claim as a family member, please have a chat with our advisors today.
How Much Compensation Could Be Awarded After A Fatal Road Accident?
After a fatal road accident, how much compensation can be awarded in a wrongful death settlement depends on the specific factors of the case. That is because all motor vehicle accident claims are unique, and any compensation payout will reflect this.
As we have already mentioned, it is the deceased’s estate that can file a claim for the physical and psychological suffering (otherwise known as their general damages) and financial losses (termed special damages) that the deceased endured. Solicitors often use the Judicial College Guidelines (JCG) when valuing general damages, as this publication lists suggestive compensation brackets for different types of harm.
Please use the table below only for guidance and not as a guarantee of any compensation that might be paid out for a successful fatal road traffic accident claim. Apart from the top one, these brackets have come from the JCG.
| Injury | Notes | Guideline compensation figures |
|---|---|---|
| Fatality + Add-On Claims | Compensation for the deceased’s dependency payments, physical and psychological suffering, and financial losses (such as medical expenses). | Up to £550,000+ |
| Paralysis - Tetraplegia | The award will be towards top of bracket if there was physical pain or where there was a significant impact on senses or the ability to communicate. | £396,140 to £493,000 |
| Paralysis - Paraplegia | The amount awarded will depend on factors such as age, severity of pain and its presence, and life expectancy. | £267,340 to £346,890 |
| Brain Damage - Very Severe | Factors considered in this bracket include whether there was sensory impairment, the degree of physical limitation, and capacity to communicate. | £344,150 to £493,000 |
| Injuries Resulting in Death - Full Awareness | There will be a short period of full awareness that followed lung damage and severe burns. After this period, there will be fluctuating consciousness for 4-5 weeks. There will be intrusive treatment or orthopaedic/physical injuries that are significant. Death will occur within a few weeks to 3 months. | £15,300 to £29,060 |
| Injuries Resulting in Death - Followed by Unconsciousness | There will be lung damage and severe burns. This will result in excruciating pain, followed 3 hours afterwards by unconsciousness and then death 2 weeks later. | £12,830 to £13,020 |
Our advisors are live 24/7 if you have any questions about compensation. Their advice is completely free and always given in confidence.
How Can Fatal Road Accident Compensation Help?
Fatal road accident compensation can help provide financial relief for relatives who might be trying to navigate the fallout of suddenly losing their loved one. In such difficult circumstances, compensation can reflect the wide-ranging impacts that can upturn a family’s finances.
Loss Of Services
A loss of services takes into account how the deceased contributed to their family beyond their financial support. For instance, they might have been the main carer for their children, or performed DIY around the house. This category covers the future loss of services, which your fatal car accident lawyer will look to quantify.
Loss Of Dependancy Income
Cases involving a loss of dependancy income consider the deceased’s past and future earnings, and how this has impacted the family’s overall finances.
Loss Of A Special Person
Also known as a loss of consortium, this category factors in impacts that cannot be financially quantified elsewhere. That might consider such impacts as the loss of companionship and any far-reaching effects on familial relationships.
Funeral Expenses
Funeral and burial costs include:
- Fees for a burial plot.
- Cremation fees.
Could I Be Eligible For A Bereavement Award?
You could be eligible for a bereavement award under the Fatal Accidents Act 1976 if you are:
- A husband, wife, or partner.
- A surviving spouse who lived for at least 2 years with the deceased.
- A parent of the deceased if they were an unmarried minor.
The bereavement award is set at £15,120 and is split amongst the qualifying claimants.
For more information on what can be included in a successful fatal road traffic accident claim, please don’t hesitate to reach out to one of our advisors. They’re always available and ready to answer any queries you might have.
What Are The Time Limits After A Fatal Road Traffic Accident?
The time limits for starting a claim after a fatal road traffic accident are generally 3 years, which can commence from either:
- The date the deceased passed away.
- The date of a post-mortem or an inquest (this is known as the date of knowledge).
In some circumstances, a coroner’s inquest could be ordered to investigate the circumstances of the death. This can establish in what way the deceased was fatally injured, and may impact when the standard 3 years begin to be counted.
If you’re at all unsure about whether your potential fatal road traffic accident claim is within the time limit, please contact one of our advisors as soon as possible.
Will Evidence Be Needed To Support A Road Accident Fatality Claim?
Yes, evidence will be needed to support a road accident fatality claim, as it will show how a third party breached their duty of care and caused your loved one’s death.
As such, it’s important to have as much evidence as possible, such as:
- The deceased’s medical records from before they passed.
- Dashcam or CCTV footage of the accident.
- Photographs of where the accident occurred, which might include images of damaged vehicles.
- The at-fault driver’s details, including their name, contact information, and registration plate.
- A copy of the coroner’s inquest and any police reports that were made following the accident.
- Contact details from potential witnesses, as they can give a statement to your solicitor at some point during the claims process.
If you connect with one of the specialist wrongful death solicitors from our panel, they can help collect the required evidence for you. They have seen just how difficult this time can be and work hard to support grieving families throughout the claims process. Our advisors are waiting to hear from you if you would like more information about our panel of solicitors or would like tailored guidance on proving a claim.
Get Help From Our Panel Of No Win No Fee Solicitors
You could get help with your fatal road traffic accident claim from our panel of No Win No Fee solicitors if you reach out to confirm whether you have a valid case. If you are connected with a solicitor from our panel, they can work on your case under a Conditional Fee Agreement (CFA). This means that:
- There are no solicitor fees for your solicitor’s work before the case starts.
- There are zero solicitor fees to pay during the claim itself.
- There are no solicitor fees at all if the case is unsuccessful.
If the case is successful, your solicitor will only receive a small percentage of your compensation. This small percentage (the “success fee’’) is capped by legislation and will be explained to you before the case starts, so there are no surprises if you win compensation.
Our panel of No Win No Fee solicitors understand how hard a time this can be for families who have lost loved ones to a fatal accident. This is why they are committed to advocating tirelessly for their clients to make the claims process as stress-free as possible. That involves a range of services, including:
- Collecting, assessing, and putting together the evidence needed to support a claim.
- Sending correspondence to all of the relevant parties on your behalf.
- Negotiating the best and fairest compensation possible. Our panel of solicitors have already secured millions of pounds in compensation for past clients, and you could be the next one they help.
- Explaining all terminology along the way, and keeping you updated as the case progresses.
Contact Legal Helpline
Whether you’re ready to start a claim or would like more information about the process, please contact Legal Helpline’s advisors today. They are on hand 24/7 to have a chat with you and answer any of your claim queries at any time, free of charge:
- Call 0333 000 0729
- Fill out our ‘Contact Us’ form.
- Send a message in our on-screen live chat box.
Fatal Road Traffic Accident Claim FAQs
In the following sections, you will find answers to some fatal road traffic accident claim FAQs.
Can Claims Be Made If There Were Multiple Fatalities?
Yes, fatal accident claims can be made if there were multiple fatalities. Our advisors can walk you through the process of claiming, no matter the circumstances.
Will The Family Of The Deceased Need To Go To Court?
It is very unlikely that you or the wider family of the deceased will need to go to court as part of a fatal road traffic accident claim, as the vast majority of cases are settled before that might need to happen. However, in the rare event that you do need to go to court, an experienced car accident lawyer from our panel will be by your side every single step of the way.
How Long Might It Take To Settle A Fatal Road Traffic Accident Claim?
The time it may take to settle a fatal road traffic accident claim depends on numerous factors, such as:
- Whether the other road user admits liability for the accident.
- What proof is needed, and how easily obtainable the evidence is.
- How straightforward the negotiations are and whether there are any disagreements over compensation.
No matter the length of your claim, your solicitor will be there for you the entire time.
What If The Liable Party Was Uninsured Or Untraceable?
If the liable party was either uninsured or untraceable at the time of the fatal road traffic accident, then a claim will need to be made via the Motor Insurers’ Bureau (MIB). In such cases, this organisation is responsible for paying out compensation rather than the driver’s insurance company. Our panel of solicitors can help you with these types of claims.
Learn More
Browse through some of our other related guides:
- How to claim compensation against a drunk driver.
- Learn more about serious injury claims.
- How to claim compensation against a hit-and-run driver.
These other pages might also provide you with some useful information:
- Gov.UK – statistics on road safety.
- Brake – guidance for bereaved families following a death on the road.
- NHS – where to find your nearest A&E service.
We hope this guide on making a fatal road traffic accident claim has been helpful, and please remember that our advisory team can answer any of your questions should you wish to seek compensation.
