Losing a loved one under any circumstances can be a devastating experience. Knowing that another party caused their death and that it was avoidable may be even more distressing. If your loved one died in an accident which was not their fault, you may be able to make a fatal accident compensation claim.
Such claims allow the estate of the deceased or eligible family members to claim compensation. In this guide we look at how fatal accident and injury claims provide a legal pathway for loved ones to seek compensation. Our guide sets out who may qualify to make a claim and how such claims could be valued. We also look at how fault is determined and the process of starting fatal accident claims. Finally, we examine whether you may need to go to court and show how our team could help you.
At Public Interest Lawyers we work with a panel of specialist fatal accident solicitors. They are dedicated to supporting families throughout the process of claiming fatal accident compensation. With potentially complex processes and strict time limits, seeking expert advice early can be crucial.
Contact us about your fatal accident claim by:
- Calling our advisors on 0800 408 7825.
- Using the live chat below.
- Or use our form to contact us.
Our team is ready to help you through this difficult time.
Jump To A Section
- Who Can Claim For Fatal Accident Compensation?
- How Much Compensation Can Be Awarded For Fatal Accident Claims?
- How Is Fault Determined For Fatal Injury Claims?
- How Can I Start A Claim For Fatal Injury Compensation?
- Will Your Family Have To Go To Court?
- What Public Interest Lawyers Can Help You With
- More Information
Who Can Claim For Fatal Accident Compensation?
There are two parties who could claim fatal accident compensation. These are the estate of the deceased and the dependents. Fatal accident claims may be made by these parties at differing times and under different legislation.
The Law Reform (Miscellaneous Provisions) Act 1934
The Law Reform (Miscellaneous Provisions) Act 1934 enables the deceased’s estate to pursue a compensation claim. The deceased’s estate is the only party able to pursue a claim in the 6 months immediately following their death.
The estate may claim for the pain and suffering experienced by the deceased following their accident. The claim may also take account of financial losses. The estate may also bring forward a claim on behalf of dependent’s of the deceased.
The Fatal Accidents Act 1976
Dependents may bring claims if the estate has not already pursued a claim. In addition, such claims may only be brought after the initial 6 month period has ended. The Fatal Accidents Act 1976 (FAA) enables dependents of the deceased to bring a claim.
Relatives who may qualify as a dependent under the FAA are:
- Current or former spouses of the deceased.
- Someone who lived with the deceased as a spouse for 2 years prior to their death.
- Parents or others treated as a parent (such as step-parents).
- Children or other descendents, or someone who was treated as a child (such as a step-child).
- Other relatives such as siblings, aunts and uncles.
An advisor from our team could provide further information on who could make a fatal injury claim and when.
How Much Compensation Can Be Awarded For Fatal Accident Claims?
Compensation in fatal accident claims can vary significantly, but typically includes awards for the deceased’s pain and suffering (if any), financial losses (like lost income), and dependency claims for surviving family members.
Below, we have taken relevant figures from the Judicial College. This document contains a list of different types of injuries, along with guidelines on the amount of compensation that could be awarded. Please note that the first figure is not from the JCG.
| Injury | Severity | Notes | Damages |
|---|---|---|---|
| Fatality + add-on claim(s). | Death/ fatal accident. | Awarded for the pain and suffering of the deceased + financial losses and dependency payments. | Up to £550,000 and over. |
| Paralysis injuries. | A - Tetraplegia/ quadriplegia. | Awards may be at the higher end where the deceased experienced physical pain and where the ability to communicate was affected. | £396,140 to £493,000. |
| Paralysis injuries. | B - Paraplegia. | Extent of pain, age and life expectancy may affect how much is awarded. | £267,340 to £346,890. |
| Brain damage. | A - Very severe. | The person required full time nursing care and displayed no meaningful response to their environment. | £344,150 to £493,000. |
| Injuries resulting in death. | A - Full awareness. | Full awareness followed by a fluctuating degree of consciousness. Death within 3 months. | £15,300 to £29,060. |
Next, we set out further details on what else you could claim for.
What Else Could Be Claimed?
Fatal accident claims could also include compensation to address the wider emotional and financial impact of a loved one’s death. The purpose of this is to provide dependent’s with financial support and to compensate for certain costs.
Examples of what may be claimed for include:
- The loss of financial dependency. Compensation may include that for the loss of income, pension contributions or other benefits provided by the deceased. You may claim both past and future losses.
- Loss of service. This covers non-financial contributions made by the deceased. It may take account of childcare provided, household maintenance or other caregiving. Solicitors may value this by using the cost of replacement services.
- Funeral costs. This includes reasonable funeral costs paid by dependents or the estate.
- Loss of consortium. Also known as the loss of a special person, this takes account of losses which can not be quantified financially in the other listed categories. This may include the impact on family relationships and loss of companionship.
What Is The Fixed Sum For Bereavement Damages?
The fixed sum for bereavement damages is a statutory payment made following the unlawful death of a person. It is awarded under the FAA and recognises the emotional suffering caused by the fatal accident. At the time of writing, the bereavement award in England and Wales is £15,120.
This award may be paid to eligible claimants such as:
- Spouse,
- Civil partner.
- Cohabiting partner of at least two years.
- Parents of an unmarried minor.
In cases where there are multiple claimants, the award will be shared equally between them.
How Is Fault Determined For Fatal Injury Claims?
Fault for fatal injury claims may be determined using the same criteria as any personal injury claim. Whilst different legislation may be applicable to different types of claims, the general criteria that claims must meet are:
- The deceased was owed a duty of care by the party responsible for the accident in which they died. This may be their employer, a road user, the occupier of a public space or a medical professional.
- This party breached their duty of care. They may have failed to uphold professional medical standards, to ensure a space is safe for the public to use, or to use the roads in accordance with legislation, or failed to ensure a worker’s safety.
- The deceased died as a result of this breach.
In the following sections, we examine how fault may be determined for various types of accidents.
Accident At Work Claims
Employers have a duty of care to ensure the welfare and safety of their employees and workers. They must ensure that they comply with relevant workplace safety legislation, such as the Health and Safety at Work etc. Act 1974.
Under this (and other legislation), employers should take steps such as providing necessary personal protective equipment, ensuring staff are appropriately trained, and identifying and reasonably mitigating risks. The failure to take such steps could constitute a breach of their duty of care.
For example: a fatal accident at work may happen where a construction worker is provided with a ladder which the employer knows is faulty. The employee falls from a significant height onto an uneven, hard surface, sustaining a severe head injury. They die as a result of their injuries within a few weeks.
Road Traffic Accident Claims
Road users owe each other a duty of care. In accordance with this, they must obey both the Road Traffic Act 1988 and adhere to the Highway Code. Where road users fail to meet these standards they may be said to be negligent. Examples of this could include where a road user is driving in a careless or reckless way, such as by ignoring traffic lights.
For example: a fatal car accident could happen where a driver is texting using their mobile phone whilst driving. They fail to pay due care and attention to the road, not seeing that the traffic lights on a pedestrian crossing are red, indicating the vehicle must stop. They fail to do so, striking a pedestrian at 30mph, causing major internal injuries and leading to their death.
Public Liability Claims
The occupiers of public spaces and private premises have a duty of care to those using them. Such spaces must be safe for those using them. This duty of care is set out in legislation such as the Occupiers’ Liability Act 1957. These may include local authorities or private businesses.
Breaches may occur when an occupier fails to address a hazard which puts visitors at risk, such as broken fixtures, or poor lighting. In such cases you could make a public liability claim.
For example: A shopping centre neglects to fix a loose rail at the top of a large staircase. A visitor leans against the railing for support, causing it to give way. The visitor falls down the staircase, suffering multiple, serious injuries. These lead to their death within a week.
Medical Negligence Claims
When under the care of a medical professional they have a duty of care to you. They must provide care which meets minimum, accepted professional standards. For example, doctors should adhere to professional standards produced by the General Medical Council.
For example: a doctor may fail to diagnose the clear signs of a treatable heart condition, misdiagnosing it as a digestive issue. The patient continues to experience symptoms which get worse over a period of time. As a result of the condition not being treated they suffer a fatal heart attack.
Whether your loved one experienced medical negligence or was harmed in any of the other circumstances outlined in this guide, you may make a fatal injury claim. Talk to our team to learn more about when fatal accident compensation claims could be made
How Can I Start A Claim For Fatal Injury Compensation?
To start a claim for a fatal injury you will need to collect evidence showing how the fatal accident occured, who was at fault and how this caused your loved one to die. You will also need to provide supplementary evidence showing any related financial losses.
Evidence which could support a fatal accident compensation may include:
- A copy of the deceased’s death certificate.
- A copy of a coroner’s report or findings from an inquest into their death.
- Police reports relating to a fatal road traffic accident.
- Records from an accident report log if the accident happened at work or in a public place.
- Medical evidence, such as hospital records showing the injuries sustained and treatment which was provided. This may also show how long the person suffered following their accident and prior to their death.
- CCTV footage which shows the accident taking place.
- Contact details for anyone who witnessed the incident take place.
- Proof of any financial losses, such as bank statements, invoices, payslips, and receipts.
There are also strict time limits in which to file fatal accident and injury claims. The general time limit for filing a claim is 3 years. This could be taken from:
- The data of death.
- The date of a postmortem or inquest.
If you choose to make a fatal accident compensation claim with a solicitor from our panel, they could help you to collect evidence and to file your claim within the time limit. Talk to our team today.
Will Your Family Have To Go To Court?
Whether the family of the deceased person has to go to court may depend on the defendant’s response. Most personal injury claims made in England and Wales are agreed out of court. However, in some instances a defendant may contest their liability for the death or parties may be unable to agree upon a fair settlement. In these cases a claim may need to go to court.
If you choose to claim with one of our panel of solicitors, they will aim to resolve your case efficiently and in the least stressful way possible. They will endeavour to settle your case out of court. If the claim does need to go to court, you will be supported every step of the way.
Please contact a member of our team to further discuss your fatal accident claim.
What Public Interest Lawyers Can Help You With
Public Interest Lawyers could help families pursue claims for fatal accident compensation. A solicitor from our panel could guide you through the legal process to seek both justice and financial support after the death of a loved one. One of our panel of solicitors could help you secure compensation for your loved ones pain and suffering, financial losses, funeral expenses and bereavement damages.
The fatal accident solicitors who make up our panel can offer No Win No Fee services through Conditional Fee Agreements (CFA). This means you face no upfront solicitor costs and they will only charge a fee if your case succeeds. This helps to ensure legal support is accessible.
A solicitor from our panel could help by:
- Assessing your case and evaluating your eligibility to claim.
- Gathering evidence, such as the findings of an inquest or postmortem.
- Negotiating your settlement.
Contact Our Advisors
Our experienced team is here to discuss your fatal injury claim and to explain how we could help you. They could provide a free, no-obligation assessment of your case and whether you could make a claim.
To be connected to a solicitor from our panel, please,
- Click here and send the details of your case using our contact form.
- Talk to us live via our online chat.
- Phone our team on 0800 408 7825.
More Information
Below, you can find further information on compensation claims and how a specialist fatal accident solicitor could help you.
- This guide provides an in-depth explanation of the personal injury claims process.
- Cyclists are some of the most vulnerable road users. Find out how to make a bicycle accident claim in this guide.
- Here, we examine how to claim compensation for an accident in a supermarket.
References:
- Learn more about the steps you need to take to register a death in this government resource.
- Find guidance on dealing with bereavement and loss in this resource from the NHS.
- In this government resource, you can read more about when a death may be reported to a coroner.
Our guide has provided information on how fatal accident compensation claims work. Contact our team today to get support.