Fatal Accident Claims
Losing a loved one is incredibly difficult, especially when it happens unexpectedly due to a road accident, work incident, or medical negligence.
We understand that no amount of compensation can truly ease your loss however, if the negligence of someone else, including a healthcare provider, caused or significantly contributed to the tragedy, the estate and dependents of the deceased may be able to seek fatal accident compensation.
At Lawhive, our caring experts in fatal accident claims are here for you. We can assess your case for free and discuss conditional fee agreements to support with upfront costs. This way, you get the help you need without added financial stress during a difficult time. Get in touch with us to find out more.
What is a fatal accident?
A fatal accident is when someone dies due to unexpected or unforeseen events, such as a road traffic accident, workplace incident, or because of medical mistakes.
When a fatal accident occurs, the deceased’s estate and dependents can seek compensation if negligence caused, or played a big part in, the death of a loved one.
What happens after a fatal accident?
After a serious accident that results in someone’s death, if the cause of death isn’t clear there may be an inquest. This usually happens about six weeks after the person passes away, and it takes place in court. However, an inquest is quite different from other types of court hearings.
During the inquest, the Coroner looks into how someone passed away and tries to piece together what happened. Witnesses and medical professionals may be called to give evidence and, in the end, the Coroner will give their verdict about why the person died.
It is not the Coroner’s job to point fingers during an inquest. They don’t decide who’s legally responsible or to blame. Instead, their main role is to work out the facts about how, when, and where someone passed away, based on the evidence they get. However, what the Coroner finds in the inquest can be useful later on, especially if it turns out that someone else’s negligence caused the person’s death.
Family members can attend an inquest if they want, but they don’t have to. When the inquest is over, a death certificate is created.
What is a fatal accident compensation claim?
A fatal accident compensation claim is a legal claim for damages following someone’s death.
To make a fatal accident claim, you have to prove that someone’s death was caused because someone else didn’t do what they were supposed to, breaching their duty of care.
Only family members of the person who passed away can claim fatal accident compensation. Claims are made against the person, organisation, or place believed to be responsible. Damages from the claim can help cover things like funeral costs or lost income, and compensate for emotional pain, often called loss of consortium or companionship.
Why make a fatal accident claim?
Usually, those named in the deceased person’s will (executors) or those chosen to act for someone without a will are the ones to pursue a fatal accident claim. However, if they don’t start a claim within six months of the person passing away, close family members or dependents can do it.
Fatal accident claims help cover costs related to the loved one’s death, like lost future income. Compensation claims for fatal accidents can also go some way to alleviating the emotional pain and suffering of losing someone close.
In addition, these claims ensure that if there was negligence involved in the fatal accident, the responsible party is held accountable, and measures are taken to prevent similar events in the future.
What accidents can result in a fatal injury claim?
Different accidents can result in a fatal injury claim, especially if they happen because someone was negligent. Some examples include:
This isn’t a complete list, however. If you’re wondering if the death of your loved one could lead to a compensation case, it’s wise to talk to a legal expert in fatal accident claims. We offer free case assessments for fatal accident claims to help you understand the steps you might take to move forward.
The Fatal Accidents Act 1976
The rules for getting compensation after a fatal accident are covered by two laws:
The Fatal Accidents Act 1976
The Law Reform (Miscellaneous Provisions) Act 1934
The Fatal Accidents Act 1976 law states that dependents (like family) and parents of the person who passed away can claim compensation if the death happened because of negligence. There are four main types of compensation you can claim under this law:
Statutory Bereavement Award
Loss of Consortium
Loss of Past and Future Dependency on the Deceased’s Income
Loss of Past and Future Services Dependency on the Deceased’s Services
Who can make a fatal accident claim?
Usually, the deceased’s executors named in their will are the ones to make a fatal accident claim. Typically, they handle it on behalf of the dependents. But, if they don’t start a claim within six months, dependents can decide to do it themselves.
Under the Fatal Accidents Act, dependents can be:
The spouse or civil partner of the deceased;
Anyone living with the deceased right before they passed away;
Anyone living with the deceased for the two years leading up to their death;
Any biological child of the deceased;
Any other child treated by the deceased as their own;
Any parent or grandparent of the deceased;
Any sibling of the deceased.
If someone dies without a will, usually a family member or close friend can apply for a grant of probate to get permission to deal with the estate. In these cases, the administrator of the estate can make a fatal accident claim.
What is the claims process for fatal accident compensation?
Starting a fatal accident claim is simple, but it can feel overwhelming and difficult, especially as you’re grieving. If you’re thinking of making a claim, the first step is to reach out to us. Our legal assessment team can provide a free case assessment and help you understand if you do have a claim and how you can move forward.
When you contact us about a fatal accident compensation claim, you’re not obliged to start a claim. That’s entirely up to you. But, if you decide to move forward, we can connect you with an experienced fatal accident claim solicitor who can assist you. In some cases, our solicitors can work on a conditional fee agreement, to ease the financial burden of making such claims.
Many people worry about going to court, however, in the majority of fatal accident claims it’s not necessary. If it does come to that, your solicitor will be there to guide you through the process. Our goal is to make the process as smooth as possible.
Dependent’s claims
If you were financially dependent on your loved one, either partially or entirely, you can seek compensation for the loss of that financial support.
Family members also eligible to make a dependent’s claim in the case of a fatal accident include:
A child, or someone treated as a child;
Parent or guardian;
Grandchild or grandparent;
Brother or sister;
Aunt or uncle;
Child of a brother, sister, aunt, or uncle;
Husband or wife;
Ex-husband or wife;
Cohabiting couples living together for two years or more.
Victim’s claims
In the event of a fatal accident, it’s also possible to claim compensation for the person who passed away. For example, you might be able to claim money for the things they had to pay for due to the accident, like treatment costs or time off work before they passed away. You might also be able to get compensation for any pain or suffering they went through because of the accident.
We understand that the process of making a fatal accident compensation claim might feel overwhelming or confusing. However, if you want to start proceedings, our team is here to help. Please contact us if you have any questions.
What is Loss of Consortium?
Loss of Consortium claims are given to dependents who have lost the support and services of a loved one, which can be tricky to measure after their death.
This type of claim comes from a past court case, Regan v Williamson, where the judge decided that the dependents lost services that you can’t easily put a number on because of the person’s death. Examples include children losing a parent or guardian, and a spouse losing their partner after a long life together.
Usually, Loss of Consortium awards are under £10,000.
What is financial dependency?
Financial dependency in legal terms means relying on someone else’s financial support.
In other words, if you depend on someone for money to meet your needs, like living expenses or other necessities, you are considered financially dependent on that person.
In legal claims, understanding financial dependency is important, especially in fatal accident claims where compensation may be sought for the loss of such support.
What is service dependency?
Claiming loss of Service Dependency under the Fatal Accidents Act 1976 means asking for compensation for the services your loved one would have given if they hadn’t passed away due to a preventable cause.
For example, children can often claim for the loss of care, like cooking, cleaning, and general childcare. A spouse may also claim if their partner was the main caregiver or handled most of the household chores.
A personal injury solicitor experienced in fatal accident claims can assist you in working out the value of these lost services as part of your claim.
The Law Reform (Miscellaneous Provisions) Act 1934 which dates back to King George V’s reign and hasn’t been changed since, specifies that only the deceased’s estate or the beneficiaries named in the will can claim the ‘pain and suffering’ the deceased experienced. They must do this within the first 6 months after the person’s death.
The Fatal Accidents Act 1976 adds to this by saying that if 6 months have passed and the estate hasn’t made a claim, the dependents of the deceased can then make a claim based on how the death has affected them.
How is a fatal accident claim investigated?
Fatal accident claims work differently than regular personal injury claims. Fatal accident claims have strict regulations and follow specific laws, while personal injury claims are often guided by legal precedents set by judges.
Identifying who is responsible for a fatal accident can take a while, especially if someone passes away right at the scene, which is common in the most typical fatal accidents like road collisions.
When investigating a fatal accident, certain documents are important such as:
These documents can help understand what happened and who might be liable.
How is a fatal accident claim calculated?
The amount you might get from a fatal accident claim can vary a lot. It depends on the type of accident, how long the person who passed away was expected to live, how much money they made, and your relationship with them.
General damages
General damages are meant to make up for the pain, suffering, and loss of amenities you’ve experienced due to the death of a family member or loved one. It covers the accident and the direct consequences of the accident only.
Loss of amenity means a decrease in the quality of life or the ability to enjoy regular activities. In legal situations, like fatal accident compensation claims, it refers to the non-financial impact on a person’s life.
Dependency claims
The Fatal Accidents Act 1976 explains a portion of the compensation you might receive in a Fatal Accident Claim if you depended on the person who passed away. It's calculated based on their income, including salary and additional employment benefits they would have received. Only a spouse, civil or cohabiting partner, or parent can make this claim.
Financial loss
You might face various costs after losing a loved one like medical expenses leading up to the death, funeral costs, loss of benefits, and financial damages due to the loss of their earnings.
This is particularly important if you can show that you were financially dependent on the person who passed away, especially if they were the main earner for the family and they weren’t expected to retire any time soon.
Bereavement awards
Separate from a fatal accident compensation claim, spouses, civil partners, cohabiting partners, or parents can claim a statutory bereavement award of £15,120.
Punitive damages
Punitive damages are what the responsible person pays as a way of being punished. Punitive damages are worked out based on how serious and what kind of accident happened due to their negligence.
How is service dependency calculated?
If you hire a solicitor, they will make a calculation based on an evaluation of the services your loved one performed for you around the home, and with childcare if relevant.
Common service examples include:
Cooking
Cleaning
Washing
Childcare
Caring for you or family members
Driving you
DIY
Gardening
Grocery shopping
Online shopping
Managing affairs
Managing household budget
Booking services: holidays, insurance
Managing household utilities
Looking after pets
A fatal accident compensation solicitor will add up the amount of time spent on each task daily to create a daily and weekly average. They will then assign an hourly rate to each lost service. This calculation will determine the value of the loss of services dependency.
These calculations are applied to past services carried out and the deceased’s future ability to continue carrying out these tasks, things like work, age, medical conditions, and mental faculty will be considered.
How much compensation will I get for a fatal accident claim?
In 2023 the following claims amount to:
Bereavement damages - £15,120
Dependency loss – up to 75% of the deceased’s income
Funeral expenses – reasonable expenses
Service loss – see explanation above.
Who pays for a fatal accident claim?
Insurance companies usually handle payments for fatal accident claims, which is often a positive thing. Insurers can often pay more than individuals or organisations, which can increase the compensation amount you are awarded.
For example, if your loved one died in a fatal car crash, the responsible party’s car insurance company will cover the settlement. If someone passes away due to a work-related accident, the claim is typically covered by the company’s liability insurance. If a tenant dies in a rented property due to landlord negligence, the landlord’s liability insurance covers damages.
While these are common scenarios, there are exceptions. For instance, if the responsible party was uninsured or underinsured, meaning their policy limit is lower than the awarded amount, they might need to cover some costs.
Is there a time limit to seek fatal accident compensation?
The usual time limit for fatal accident claims is three years from the date of death or when it’s confirmed that the accident resulted from proven negligence by the responsible party.
This is based on the Limitation Act 1980.
This time limit is the same as personal injury claims. If your loved one was in the process of claiming personal injury when they passed away, the 3-year time limit is reset to allow their dependents to make a fatal accident compensation claim.
In most cases, fatal accident claims are managed by a third party representing the estate and dependents, like fatal accident compensation solicitors. To do this, a grant of probate is usually needed to give legal authority to the executor of the deceased person’s estate.
Fatal accident claims solicitors at Lawhive
At Lawhive, our skilled solicitors have extensive experience in personal injury claims, including fatal accident compensation claims. We understand the challenges you’re facing, and our solicitors have assisted individuals in situations similar to yours, helping them secure the compensation they deserve.
Discussing traumatic incidents leading to the loss of a loved one can be difficult, and our compassionate team recognises that. We know the law thoroughly, and we’re here to guide you through every step of the process with compassion.
Get in touch with us today for a free case assessment. Our expert legal assessment team will evaluate your case, estimate the time it might take, and provide an understanding of the potential compensation you could receive.
If you wish to enlist the help of our personal injury solicitors, they may work on a conditional fee agreement basis, ensuring you only pay if the case is successful.