How To Claim A Bereavement Award After A Fatal Accident

In this guide, we will explore the bereavement award that could be given to those making a fatal accident claim on behalf of someone who died as a result of negligence.

Bereavement award

A guide to claiming a bereavement award

Additionally, this guide will also explore the process of making a fatal accident claim and when you may be eligible to do so on behalf of someone who has passed away because of a breach of duty of care.

We understand the process of making a claim following a fatal accident can seem daunting. As such, you may find it beneficial to hire legal representation to help you through the different stages of your claim.

If this is the case, we could help by connecting you with an experienced fatal accident solicitor from our panel to represent your claim, provided it’s valid.

For more information, please get in touch using the details below:

  • Telephone: 0800 408 7825
  • Online form: Fill out our online contact form to request a callback
  • Live chat: Speak with an advisor using the live chat feature below.

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What Damages Are Awarded For Fatal Accidents?

There are two pieces of legislation that are relevant in making a fatal accident claim. The Fatal Accidents Act 1976 (FAA) allows certain qualifying relatives to be awarded compensation if their loved one has died as a result of negligence.

In addition, the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) sets out the eligibility criteria for the estate of the deceased to make a claim on behalf of the person who passed away.

When making a claim for a fatal accident under the FAA, there are several damages that could be awarded. For example:

  • Damages to compensate for the pain and suffering of the deceased person
  • Funeral expenses, provided these haven’t been claimed back under the LRMPA
  • Bereavement award
  • Dependency awards, such as for loss of earnings or service

This guide will look in more detail at how much could be claimed and how some of these damages are calculated. However, if you have any questions, call us on the number above.

How Long Do I Have To Make A Fatal Accident Claim?

There are time limits in place that you need to consider when making a claim under the FAA.

As per Section 11 of the Limitation Act 1980, you will have three years to launch the claim from the date of death or the date of knowledge. The latter is the date you knew (or should have known) that negligence contributed to the death.

However, there may be exceptions to the three-year time limit. For more information on the limitation in fatal accident claims call our team.

Who Is Eligible To Receive Bereavement Award Payments?

Under the FAA, there are certain relatives who qualify to receive a bereavement award. These include the deceased person’s:

  • Wife, husband or civil partner
  • Cohabiting partner, in cases where they lived together as spouses or civil partners for a minimum of two years before the person died
  • Parents if the person was a minor and legitimate, or their mother if illegitimate

For more information on whether you’re eligible to claim this award, please get in touch on the number at the top of the page.

How Much Is The Bereavement Award Payment?

As per Section 1A of the FAA, the total value of the bereavement award is currently £15,120.

Please note that if there is more than one relative who receives this payment, they will not all receive the full sum of the award. Instead, it will be divided equally between them.

There are other payments that could be claimed. For more information on how these may be included in your settlement, please see the section below. Otherwise, you can get in touch with our team for more information about making a claim.

How Is Fatal Accident Compensation Calculated?

The settlement you receive following a successful fatal injury claim may comprise compensation for the pain and suffering of the deceased.

Legal professionals may use the Judicial College Guidelines to help them calculate the compensation owed for the deceased’s pain and suffering. The guidelines contain bracket compensation amounts that relate to various types of injury.

The amounts in the guidelines are based on past court cases. However, they are not necessarily reflective of what you will receive in compensation because various other factors will influence your claim. As such, you should only use the amounts listed as a guide.

InjuryDetailsCompensation Bracket
Paralysis(a) Tetraplegia or Quadraplegia: Several factors will influence the award given, such as age and awareness of the condition. £324,600 to £403,990
Paralysis(b) Paraplegia: Several factors will influence the award given, such as age and life expectancy.£219,070 to £284,260
Paralysis(c) Where death has occurred.£49,340
Brain Damage(a) Very Severe: Factors such as the person's life expectancy will be taken into consideration.£282,010 to £403,990
Brain Damage(b) Moderately Severe: The award given will be influenced by the person's life expectancy and other factors.£219,070 to £282,010
Psychiatric and Psychological Damage(a) Severe psychiatric damage: The person's prognosis is just one factor that will be considered.£54,830 to £115,730
Psychiatric and Psychological Damage(a) Severe PTSD: All aspects of a person's life will be affected badly.£59,860 to £100,670
Fatality with add on claimsThis award includes compensation for the deceased's pain and suffering as well as any losses that dependents have suffered, such as lost earnings.Up to £550,000 and over

As well as a bereavement award and compensation for the deceased’s pain and suffering, there are other payments you could receive. These include:

  • Funeral expenses: This could include the cost of a headstone or a memorial.
  • Dependency payment: In cases where someone was financially dependent on the deceased, their settlement could factor in the deceased’s loss of income, pension and other savings or earnings they may have had.
  • Loss of services: A payment for loss of services could cover the cost of any services that the deceased may have carried out if they were still alive. For instance, taking their children to and from school or carrying out DIY tasks at home.

Please note that you will need to provide evidence when you claim compensation after a fatal accident. For instance, medical evidence could help legal professionals when they’re valuing how much is owed for the deceased’s pain and suffering. In addition, you could provide financial documentation such as payslips and receipts to show your financial dependency on the deceased, or the amount that you’ve had to pay towards a funeral.

Contact Us About Claiming A Bereavement Award After A Fatal Accident

It could benefit you to hire an experienced solicitor when making a fatal accident claim. We may be able to help by connecting you with a No Win No Fee solicitor from our panel. They can offer to represent your claim under a Conditional Fee Agreement (CFA).

Under a CFA, you won’t need to pay any upfront or ongoing costs before accessing your solicitor’s services. In successful claims, you will need to pay a success fee that’s subject to a legal cap. You will pay this fee from your compensation. However, in unsuccessful claims, you won’t pay the success fee.

As you can see, there are several benefits to hiring legal representation on this basis. You can get in touch with our team to find out more. An advisor can determine whether you’re eligible to have your case passed to a solicitor from our panel.

Alternatively, if you’re not yet ready to claim, they can answer any other questions you have about making a fatal accident claim and seeking a bereavement award.

You can use the details below to get in touch:

  • Telephone: 0800 408 7825
  • Online form: Fill out our online contact form to request a callback
  • Live chat: Speak with an advisor using the live chat feature below.

Additional Resources On Fatal Accidents

In this section, we have included some additional resources that you may find beneficial:

We hope this guide on claiming a bereavement award after a fatal accident has helped. However, if you need any more information, call our team.

Article by AH

Publisher ET/ EI