Claiming fatal accident compensation
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What Is a Fatal Accident Claim?
A fatal accident claim arises when someone loses their life due to the negligence of another person or organisation. This could happen in many scenarios, including road traffic accidents, workplace incidents, or errors in medical care.
If negligence is proven, the family of the deceased or their estate may be entitled to pursue compensation. Funds paid help them manage the financial and emotional impact of their loss.
What are the types of Fatal Accident Compensation Claims?
Under the Fatal Accidents Act 1976, dependents of the Deceased could make the following claims:
Dependency claim
A dependency claim provides compensation for the death of a family member. This compensation offers financial and practical support the deceased would have provided if they were still alive. This could include their income, pension contributions, or essential services such as childcare or household tasks.
Bereavement award
A bereavement claim is a fixed statutory payment of £15,120 to recognise the emotional impact of losing a loved one due to someone else’s negligence. While no sum can ease the emotional pain, this payment offers some acknowledgement of the loss suffered.
Funeral expenses
Funeral expenses can be claimed to cover the costs of arranging a burial or cremation, as well as associated expenses like a wake or memorial.
Who can make a fatal accident claim?
Under the Fatal Accidents Act 1976, eligible dependants who can make a fatal accident claim include:
- Spouse or Civil Partner: The husband, wife, or civil partner of the deceased
- Cohabitants: Those who lived with the deceased as a spouse for at least two years before their death
- Children: Biological, step, or adopted children under 18, or older dependants, such as students in higher education
- Parents or grandparents: If they were financially or emotionally dependent on the deceased
- Other Family Members: Siblings, aunts, uncles, nieces, or nephews who relied on the deceased for support
If you’re unsure about your eligibility, our team can help determine your right to claim and guide you through the process.
When can fatal accident claims for compensation be made?
There is a three-year time limit for making a claim. The time starts running from the date of the injury which in many cases will also be the point of death.
If the deceased person survives the accident but dies within three years, then the time limit begins on the date of death, not the date of injury.
For certain industrial diseases claims, the three-year period starts on the date the deceased first became aware of their illness. This should also be the date when they made the connection between their illness and the conditions of his employment. In some cases, this will be the point of death.
The issue of time limits can be very complicated in fatal injury claims. Because of this, there are exceptions to the three-year rule for certain categories of claimants. It is important that you speak with a solicitor as soon as possible to explore your options and to decide whether a claim may be made.
What are fatal accident claims on behalf of the estate of the deceased?
A claim on behalf of the estate seeks compensation for losses the deceased could have claimed if they had survived the accident.
These claims are usually brought by the beneficiaries named in the deceased’s will. Or, if there is no will, by those entitled under the rules of intestacy, such as close family like a spouse, children, or parents.
To pursue a claim, the estate must demonstrate:
- The accident was caused by someone else’s negligence, such as an employer or driver
- The deceased was injured as a result of the accident and died as a consequence of those injuries
- At the time of their death, the deceased would have been eligible to claim damages
If the deceased was fully at fault for the accident, compensation cannot usually be claimed by the estate.
How much compensation is awarded in “dependency” fatal accident claims?
Dependency compensation aims to ensure the family can maintain a standard of living similar to what they had before their loved one’s passing. This is typically the largest part of a fatal accident claim and involves a detailed death compensation calculation.
The court will usually follow a three-step process:
Assess the deceased’s income
The court evaluates the deceased’s income, including:
- wages
- pensions
- investments
- benefits, like a company car or healthcare
A portion is deducted, typically 30%, to account for what the deceased would have spent on themselves. The remaining amount is called the “multiplicand.” The multiplicand represents the financial support available for the family.
Apply a multiplier
The multiplicand is multiplied by the number of years the dependants would have relied on the deceased’s financial support. This multiplier takes into account the deceased’s age, profession, and expected retirement date.
Adjust for family circumstances
Adjustments may be made based on specific family needs. For instance, if the deceased was a parent of young children, compensation may include additional amounts for childcare or household support.
Frequently asked questions
How much compensation for death in the UK?
The amount of fatal accident compensation for a death in the UK depends on a number of factors. These include the level of financial dependency that the deceased had, the age of the deceased, life circumstances and more.
Possible inclusions in fatal accident claims include:
- Funeral expenses
- Loss of earnings, cost of care and other reasonable expenses for the deceased, where death is not instant
- Bereavement Award (this can be claimed by the parent or spouse of the deceased under the Fatal Accidents Act 1976)
- Compensation for pain and suffering
- Dependency – this will take into account the loss of income from the deceased, employment benefits such as healthcare, and loss of lifestyle contributions e.g. property maintenance, DIY, etc
For advice on making a fatal accident compensation claim, get in touch with our friendly team today.
Can I claim fatal accident compensation if I witnessed my loved one’s fatal accident?
If you were unfortunate enough to be involved in the fatal accident or witnessed its immediate aftermath, then you may be able to seek compensation for your own physical and psychological trauma. This claim would be separate from the fatal accident dependency claim.
If you would like to learn more about making a claim for the psychological trauma associated with a fatal accident, one of our advisers would be happy to help you.
What happens at an inquest?
An inquest is a fact-finding hearing by a coroner to investigate the cause of death when it is not from natural causes.
It does not assign blame or award compensation. It establishes facts through evidence like post mortems, police reports, and witness statements.
Family members can attend the inquest, ask questions, and may find it helpful to have legal representation. The inquest itself does not assign blame. However, the information gathered can be valuable in supporting a fatal accident compensation claim.
Can you claim compensation for a fatal accident caused by a criminal act?
Yes, if a death results from a violent crime, you may claim compensation through the Criminal Injuries Compensation Authority (CICA). Claims can be made even if the perpetrator is unidentified or not convicted, with a maximum award of £500,000.
The claim must be submitted within two years of the incident, which is shorter than other fatal accident claims. If compensation is also received directly from the guilty party, it must be repaid to CICA.
Finding a fatal accident lawyer
The Compensation Experts have many years of experience acting for people who have lost loved ones on the road, in the workplace, in sporting accidents, or on holiday.
We understand that you may have questions and offer a free, no-obligation consultation to discuss your options. To arrange your free consultation, call us or arrange a call back at a time that suits you.
