Fatal Accident Compensation Claim Solicitors

What compensation can I claim following the death of a loved one?

Depending on the circumstances, there may be a number of options available to you for the financial loss you may have suffered. These include:

Dependency compensation claims following the death of a family member

Under the Fatal Accidents Act 1976, dependents who may have relied on the income or financial support of the person who has died can claim compensation for the loss of financial support they would reasonably have expected to receive had their loved one lived.

Family members who can make a dependant’s claim include:

• A husband or wife
• A cohabiting partner who lived with the deceased for at least two years
• Children, or anyone treated as a child of the family
• Parents or guardians
• Grandparents
• Grandchildren
• Brothers or sisters
• Aunts and uncles
• A former husband or wife

What compensation may be included in a dependency claim?

A dependency claim aims to cover the financial support you have lost as a result of your loved one’s death. This can include both past losses and the support you would reasonably have expected to receive in the future had they survived.

A dependency claim may include compensation for:

• Loss of income, including salary, bonuses and pension contributions
• Loss of services, such as childcare, household tasks, DIY, and transport
• Loss of future financial support, based on what your loved one would likely have earned or contributed
• Loss of benefits, such as health insurance or other work-related entitlements
• Loss of parental support, guidance and supervision for children
• Loss of domestic support, including care provided to elderly or disabled relatives

How is dependency compensation calculated?

The amount of compensation you may receive for a dependency claim following the death of a loved one is calculated by assessing both the financial support the deceased provided during their lifetime and the support they would likely have provided in the future.

This calculation is based on several factors, including age, income, occupation, life expectancy, and the level of support they offered within the household.

When valuing a dependency claim, the following is considered:

• The deceased’s income at the time of death
• Expected career progression, potential promotions or wage increases
• Regular expenses that would have been shared within the household
• The number of dependants, including children
• The value of unpaid services, such as childcare or domestic help
• Future needs, such as ongoing care or educational costs for children

Courts and solicitors often use a recognised calculation method known as the multiplicand and multiplier approach. This involves assessing the annual financial contribution the deceased made (the multiplicand) and applying a multiplier based on how long the dependency would likely have continued.

The exact amount will depend on your relationship to the person who has died, how much you relied on them, and the circumstances of their death.

Our solicitors will work with financial experts where needed to calculate a fair and accurate value for your claim.

Compensation claims for the victim of the fatal accident

Under the Law Reform (Miscellaneous Provisions) Act 1934, the Estate of the person who has died can claim compensation for the pain, suffering and financial losses the person who died may have experienced between the time of the accident and their death.

The Estate effectively acts on behalf of the deceased to pursue a claim in their absence, with any damages awarded being paid into the Estate and then distributed to the beneficiaries.

Compensation for pain and suffering is known as general damages. These amounts are set by the Judicial College Guidelines and reflect the severity of the injury and the impact it had on your loved one before they passed away.

In addition to general damages, the estate can also claim special damages. These cover the financial losses and expenses incurred while your loved one was still alive following their accident. This may include, but is not limited to:

• Any loss of income or pension during that period
• Medical treatment costs
• The cost of care, even if this was provided by a family member or friend
• Expenses linked to home adaptations or specialist equipment
• Any other out-of-pocket costs arising from the injury

These claims are made on behalf of the deceased’s estate and are separate from dependency claims or bereavement awards available to family members.

The Statutory Bereavement Award

The Statutory Bereavement Award is a fixed payment made under the Fatal Accidents Act 1976 when a loved one has died because of someone else’s negligence.

You may be able to claim this award if you are an eligible family member or a cohabiting partner who lived with the deceased for at least two years before their death.

The current Statutory Bereavement Award is £15,120. This amount is set by the government and applies regardless of the circumstances of the death.

Our experienced, specialist solicitors are on hand to explain in more detail your legal rights to claiming compensation following a fatal accident.

How long do I have to make a fatal accident claim?

The time limit to start a claim for compensation following a fatal accident is three years from the date of your loved one’s death.

It is important to note that if they had already begun a personal injury claim before they passed away, the three-year time limit resets from the date of death.

Usually, for claims involving the death of a child, the time limit is extended, with you being able to begin a claim at any point up until their 21st birthday. Because special rules can apply where children are involved, and time limits can be complex, our solicitors can advise you on how limitation applies in your specific circumstances.

Even though it may seem incredibly hard to do, we recommend you consider starting your claim as soon as possible, as this can give us the best opportunity to gather all the evidence we need to present the strongest case.

Can I make a no win no fee fatal accident claim?

Yes, you can make a no win no fee claim following the accidental death of a loved one.

Our personal injury solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

We understand how difficult dealing with the death of a loved one can be, not only emotionally, but financially. A no win no fee claim protects you from any upfront or hidden costs, and if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to the claim. These costs could include legal fees, medical reports, court costs, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

What happens when I claim compensation following a fatal accident?

Our experienced personal injury legal team are on hand to help you with the process. Usually, this begins with a no-obligation, free initial consultation.

Once we understand the nature of the accident, our specialist solicitors will be able to let you know your legal rights and what you may be entitled to claim for.

We aim to make sure you feel prepared and understand every part of the process. Reaching out is simply the first step. Your initial consultation is free, and the decision about what to do next is entirely yours.

If you choose to move forward, we will start by collecting all the evidence needed to support your claim. We’ll then contact the party responsible for your loved one’s death and work to reach a fair settlement, keeping you informed at every stage.

How long does a fatal accident claim take?

As each case is different, there isn’t a set timescale for a fatal accident to complete. Claims involving death can be more complex than other types of personal injury cases, particularly when establishing liability and calculating the right level of compensation.

Our solicitors will handle your claim with the utmost care, ensuring everything is handled thoroughly so you receive the maximum compensation available.

What types of fatal accidents can I claim for?

You can start a fatal accident claim in any situation where someone has died because of another person’s negligence.

These claims can arise from many different circumstances, but some of the most common include:

Road traffic accidents

All road users are vulnerable to other people’s negligence, and unfortunately, fatal road accidents remain too high.

Accidents at work

Depending on your career, the workplace can be a hazardous environment, sometimes with tragic consequences.

Medical negligence

If a medical professional fails to meet their duty of care, the consequences can be severe and, in some cases, fatal.

Industrial diseases

Exposure to harmful substances like asbestos can result in terminal illnesses such as mesothelioma.

Can I make a fatal accident compensation claim on behalf of the deceased’s estate?

Yes, in most cases, if you are an executor of their will, you will be able to start a claim.

Beneficiaries named in a will, or the appropriate relatives if there is no will, may also be able to claim for losses the deceased experienced before they died, such as loss of income, and for the impact of the negligent treatment.

Because a person’s property and financial affairs are referred to as their estate, this type of claim is made “on behalf of the estate”.

If the deceased left a will, the executors named in it are responsible for managing the estate and can start the compensation claim.

If there is no will, a family member can apply to serve as the estate’s administrator. Once they receive the official “letters of administration,” they can start the claim on behalf of the estate.

Can I claim compensation for funeral costs following a fatal accident?

Yes, you may be able to claim compensation for funeral costs after a fatal accident. This can cover expenses such as the funeral service, the wake, the headstone and probate.

These costs can be recovered under either the Law Reform (Miscellaneous Provisions) Act 1934 or the Fatal Accidents Act 1976.