Frequently Asked Questions On Claiming For Fatal Injury Compensation

If your loved one passed away after suffering a fatal injury, then you may be curious about the fatal injury compensation claims process. In this fatal accident claims guide, we will discuss who can claim compensation for a fatal injury and how legislation can affect this.

Fatal injury compensation

Fatal injury compensation guide

Evidence can be very helpful when making a compensation claim. This guide will provide examples of evidence that could help strengthen a claim, and discuss how a solicitor could help with this step. Following this, we will look at how different areas of compensation are valued.

Starting a fatal injury claim may seem daunting, but our team of friendly advisors are here to help. A member of our team can answer any questions you might have, and they can also evaluate your claim for free. If they find your claim to be valid, they could then put you in contact with a solicitor from our panel. To get started:

Select A Section

  1. Who Could Claim Fatal Injury Compensation?
  2. What Is The Fatal Accidents Act 1976?
  3. Supporting Evidence For Fatal Injury Claims
  4. What Can You Claim For In A Fatal Accident Claim?
  5. Why Make A Fatal Injury Compensation Claim With A Solicitor?
  6. Find Out More About Fatal Accident Claims

Who Could Claim Fatal Injury Compensation?

To form the basis of a valid fatal injury compensation claim, you have to be able to prove that negligence contributed to your loved one’s fatal injury. This means that someone had to owe your loved one a duty of care and, in breaching that duty, caused their fatal injury.

Under the Law Reform (Miscellaneous Provisions) Act 1934, only the deceased’s estate can make a claim within the first six months. However, their claim can cover both the pain and suffering of the deceased and the way that any dependents have been affected.

What Is The Time Limit For A Fatal Accident claim?        

You may be wondering how long you have to claim for a fatal accident. Typically, you will have three years to start a claim. This is set out by the Limitation Act 1980, and the time limit can start on the date of death, or it can start on the date that the death is connected with negligence. This could be a post-mortem or the date of an inquiry, for example.

To find out if you could be eligible to claim fatal injury compensation, contact our team today.

What Is The Fatal Accidents Act 1976?

The Fatal Accidents Act 1976 (FAA) sets out who can claim fatal injury compensation as a dependent when someone passes away from fatal injuries. If the deceased’s estate does not claim on behalf of the dependents within six months, the dependents can pursue a claim under the Fatal Accidents Act 1976 themselves.

Under this legislation, dependents include:

  • A current or former spouse
  • Anyone who lived with the deceased as a spouse for two years
  • A child, stepchild, or other descendent of the deceased, or anyone the deceased treated as their child
  • The siblings, aunts, or uncles of the deceased and the children of these parties
  • A parent or other ascendant of the deceased or anyone who they treated as a parent

To learn more about making a fatal accident claim, get in touch with our advisors today.

Supporting Evidence For Fatal Injury Claims

If you make a claim for compensation for fatal injuries, presenting evidence is an important aspect of the process. Evidence can help you prove who was liable for your loved one’s passing. Some examples of evidence that could support your claim include:

  • The results of an inquiry: An inquiry is intended to discern the facts around someone’s death. While it is not designed to proportion blame, the results of it could be used as evidence in a claim.
  • Medical records: Medical records can detail the injuries sustained by the deceased and their subsequent treatment which can give an insight into how they suffered before they passed away.
  • CCTV footage: CCTV footage of the accident or the circumstances that led to the accident can be used to help support your claim.
  • Witness contact details: Collecting the contact details of witnesses means that their statements can be taken at a later date.

To find out how a fatal accident solicitor from our panel could help you gather evidence and support your claim for fatal injury compensation, get in touch with our team today.

What Can You Claim For In A Fatal Accident Claim?

As previously mentioned, only the deceased’s estate can claim fatal injury compensation for the first six months following their death. The estate can claim compensation for the pain and suffering of the deceased in a head of claim known as general damages.

When calculating compensation payouts for general damages, solicitors and other legal professionals can refer to the Judicial College Guidelines (JCG). The JCG provides guideline settlement brackets for various fatal injuries and illnesses, some relevant examples of which you can find in the following table.

Please note that these figures are only guidelines. The amount of fatal injury compensation that would be awarded in a successful claim can differ.

JCG Figures

Injury Compensation Bracket Notes
Death With Additional Claim Amounts £550,000 Compensation can include payments for the pain and suffering of the deceased, as well as other losses, such as financial impacts and loss of companionship.
Quadriplegia £324,600 to £403,990 In this bracket, effects on the senses and the extent of pain is considered, as is any impact on life expectancy.
Paraplegia £219,070 to £284,260 The extent of the person’s dependence on others as well as the existence of depression and the level of pain experienced are considered here, alongside any impact on life expectancy.
Very Severe Brain Damage £282,010 to £403,990 There is a need for around the clock professional care with injuries in this bracket, and there is little to no response to the surrounding environment and little if any language function.
Severe Psychiatric Damage £54,830 to £115,730 The prognosis in this bracket is extremely poor, as there are severe issues in coping with every aspect of day to day life.
Severe Post-Traumatic Stress Disorder £59,860 to £100,670 There is no remaining ability to function as they would have before the trauma, and the prognosis is extremely poor.
Death with Full Awareness £12,540 to £23,810 Initially there is a period of complete awareness, though this falls to a fluctuating level of consciousness over a period of weeks, and death occurs within three months.

What Could Dependents Claim?

If no claim is made on behalf of the dependents within six months, then dependents of the deceased can claim for themselves. Payouts can be made for:

  • Loss of consortium, which addresses the loss of companionship or of a romantic, familial or sexual relationship
  • Financial dependency, which covers the loss of the deceased’s income
  • Loss of services, for example, if your wife was responsible for DIY around the house, and following her passing, you have had to pay for these services
  • Funeral costs

Certain qualifying relatives may also be able to claim a bereavement award according to the FAA, which is a lump sum of £15,120. This award could be claimed by the deceased’s wife, husband, civil partner or parent if they were an unmarried minor. If multiple parties claim this award, it is split evenly between them.

Our advisors can offer more guidance on fatal injury compensation. Get in touch today to learn more.

Why Make A Fatal Injury Compensation Claim With A Solicitor?

The claims process can seem daunting, but working with a No Win No Fee solicitor from our panel could help. They offer their services on a No Win No Fee basis by working under Conditional Fee Agreements (CFA). This means that you can access expert legal services, typically without having to pay any upfront fees or ongoing costs to your solicitor.

If your claim succeeds, a small percentage of your compensation will go to your solicitor as their success fee. This amount is capped by legislation, which means you will keep the majority of what you receive. But, if your claim fails, you generally do not have to pay any fees to your solicitor for their work.

How To Contact Our Team

An advisor from our team can evaluate your claim for fatal injury compensation through a free consultation, and can also provide free legal advice. If one of our advisors identifies your claim as valid, then they may connect you with a solicitor from our panel. To get in touch with our team:

Find Out More About Fatal Accident Claims

For more helpful guides on fatal accident claims:

Or, for further resources:

Contact our team today for more information on fatal injury compensation.

Article by AA

Publisher ET