If you have lost a loved one in a fatal accident caused by negligence, then you may be wondering what the average fatal accident compensation amount is. In this fatal accident claims guide, we will explain who can claim compensation following a fatal accident and how much a settlement could be worth.
We will also explain how a No Win No Fee solicitor could help you throughout the claims process, from calculating how much compensation you could potentially receive to helping you gather evidence to help strengthen your claim.
While we cannot provide you with the average fatal accident compensation amount, our team of friendly advisors are here to help you determine how much a claim could be worth. . They can put your mind at ease by answering any questions you might have about the claims process, and can also offer free legal advice through a consultation. To speak to a member of our team, you can:
Choose A Section
- What Is The Average Fatal Accident Compensation Amount?
- Who Could Make A Fatal Accident Claim?
- Proving Your Fatal Accident Claim
- Who Could You Make A Fatal Accident Claim Against?
- Why Make A Fatal Accident Compensation Claim With Us?
- Learn More About How A Fatal Accident Compensation Amount Is Calculated
Since every claim is unique, we cannot provide an average fatal accident compensation amount. However, we can explain the types of compensation that you could make a claim for following the loss of a loved one.
Firstly, the estate of the deceased can make a claim for the pain and suffering they experienced before they passed. This head of claim is known as general damages. Below, you can find some examples of guideline settlement awards provided by the Judicial College Guidelines (JCG), which is a document that solicitors often refer to when valuing claims.
|Death plus additional claims
|This can include compensation for the pain and suffering of the deceased, along with any losses that affect dependents, like income.
|£324,600 to £403,990
|This bracket considers whether the person was aware of their disability, if there was significant pain, and whether there is an effect on the senses.
|£219,070 to £284,260
|The extent of any pain, the dependence on others and the extent or presence of depression is all considered in this bracket.
|Very Severe Brain Damage
|£282,010 to £403,990
|In this bracket, there is little to no response to surroundings, little to no language function, and a need for constant professional care.
|Severe Psychiatric Damage
|£54,830 to £115,730
|There will be trouble coping with all aspects of life, and the prognosis in this case will be very poor.
|Severe Post-Traumatic Stress Disorder
|£59,860 to £100,670
|This bracket contains severe, permanent effects on the ability to cope with every day life, and removes the ability to function at the pre-trauma level.
|Death with Full Awareness
|£12,540 to £23,810
|Death within a couple of weeks up to three months following a period of full awareness that becomes fluctuating levels of consciousness.
What Else Could You Claim For?
A fatal accident compensation amount can also include payments for:
- Funeral expenses
- Loss of services, for example, if the deceased was responsible for fixing appliances around the house, and you now have to hire a contractor to do this work
- Past and future financial dependency, for example, if the loss of the deceased’s earnings has impacted you
- Loss of consortium, which addresses the losses that cannot be financially quantified, like the impact it has had on your family
To find out if you could be eligible to claim compensation following a fatal accident, get in touch with our team. As we have already mentioned, we cannot offer an average fatal accident compensation amount, but an advisor on our team can evaluate your claim.
Under the Law Reform (Miscellaneous Provisions) Act 1934, the estate of the deceased can make a claim for the pain and suffering they experienced prior to their passing.
This claim cannot be made by the deceased’s dependents. However, the estate can also claim on behalf of the dependents, in which case both heads of claim will come together to form one sum.
Who Could Claim Under The Fatal Accidents Act 1976?
Under the Fatal Accidents Act 1976 (FAA), the dependants of the deceased can make a claim for compensation if the estate has not done so within six months. For the first six months following their passing, the deceased’s estate is the only entity that can begin a claim.
To pursue a claim under the Fatal Accidents Act, you must qualify as a dependent of the deceased. This is defined as including:
- A current or former wife, husband, or civil partner
- Someone who lived as a spouse for more than two years with the deceased
- A parent, grandparent, or anyone who was treated as the parent of the deceased
- A child or descendant of the deceased, including stepchildren
- The sister, brother, aunt, or uncle of the deceased or the children of any of these parties
Under section 1A of the FAA, you may also receive a bereavement award. This award is a lump sum of £15,120, and can be paid to:
- The parents of the deceased if they were an unmarried minor
- The mother of the deceased if they were an unmarried minor born outside of wedlock
- The husband, wife, or civil partner of the deceased
- Anyone who cohabited with the deceased as a spouse for more than two years
If more than one party claims this amount, it will be split between them.
Fatal Accident Claim Time Limits
You may be wondering how long you have to claim for a fatal accident. According to the Limitation Act 1980, you have three years to start a claim. This can begin on the date of death, or from the date of a postmortem or inquest that connected the death with negligence.
Contact our advisors for more information on who can make a fatal injury compensation claim.
An important part of making a fatal accident claim is proving that the accident was a result of negligence. Because of this, gathering evidence can be very helpful in strengthening your claim. For example:
- CCTV footage: CCTV of the accident that shows that it was caused by another party’s negligence, such as footage taken in the workplace or by a traffic camera, can help strengthen your claim.
- Witness contact details: Taking the contact details of anyone who witnessed the accident or the circumstances leading up to it ensures that their statements can be taken by a professional at a later date.
- Medical records: The medical records of the deceased can help prove their injuries and can also detail their pain and suffering prior to their passing.
These are just a few examples of evidence that could be used to help support your claim. For more information or to find out how a solicitor from our panel could help you gather evidence, contact our advisors today.
It is important to note that in order to claim against someone else, you first have to establish that they owed the deceased a duty of care, and subsequently breached that duty, causing their death.
Some examples of fatal accidents are included below, as well as an explanation of who could be responsible:
- A fatal car accident in which another driver breached their duty of care by driving recklessly under the influence of drugs or alcohol. In this case, you would make a claim against the negligent party’s car insurance provider. If they are uninsured or untraceable, you would make your claim through the Motor Insurers’ Bureau.
- An accident at work that was caused by employer negligence under the Health and Safety at Work etc. Act 1974, for example, a fall from a height that was caused by a lack of harnesses or other safety equipment. In this case, you would make your claim against the employer in question.
If you’re unsure who to claim against, or you would like to know more about the fatal accident compensation amount that you could potentially claim, get in touch with our team today.
We understand that starting a fatal accident claim can seem daunting. However, a fatal accident solicitor from our panel may be able to help. By providing their services through a kind of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA), your solicitor can guide you through the claims process, typically without asking for any upfront or ongoing fees.
Should you make a successful claim, your solicitor will receive a percentage of the compensation you receive as their success fee. This percentage has a legislative cap, which allows you to keep the majority of your award. However, if your claim does not succeed, then you don’t have to pay this fee.
Speak To Us
Contact our advisors today to learn how a solicitor from our panel could help you through the claims process. Through a free consultation, one of our helpful advisors can evaluate your eligibility to claim and offer free legal advice. If your claim is valid, they may connect you with one of our panel’s solicitors. To learn more:
For more information on fatal accident compensation, we recommend:
- Can You Claim Compensation After A Fatal Car Accident?
- Fatal Accident Claims – Everything You Need To Know
- Fatal Car Accident Claims
Or for more helpful resources:
- Brake – UK Collision and Fatality Statistics
- Health and Safety Executive – Fatal Injury Statistics
- GOV – Death and Bereavement
Contact our team today for more information on whether you could claim a fatal accident compensation amount.
Article by AA