Losing a loved one in an accident that wasn’t their fault is devastating, and no amount of money can put it right. But a fatal accident claim can ease the financial burden on the family left behind — recovering lost income, funeral costs and a bereavement award. This guide explains, gently and clearly, how these claims work in England & Wales.
What Is a Fatal Accident Claim?
A fatal accident claim is a compensation claim brought after someone has died because of another party’s negligence — for example a road traffic accident, an accident at work, or unsafe premises. Two pieces of law allow it: the Fatal Accidents Act 1976, which lets dependants claim for their loss, and the Law Reform (Miscellaneous Provisions) Act 1934, which lets the person’s estate claim for losses up to the moment of death.
Who Can Make a Claim?
A claim is usually brought by the deceased’s dependants or the executor or administrator of their estate. Those who may claim include:
- A spouse or civil partner (or former spouse)
- A partner who lived with the deceased for at least two years
- Children and other relatives who were financially dependent
- Parents of a deceased child
What Can You Claim For?
- Bereavement damages — a fixed statutory award for close family (see below).
- Dependency — the income, and the household or childcare support, the deceased would have provided.
- Funeral expenses — reasonable costs of the funeral.
- The estate’s losses — pain, suffering and financial losses the person experienced before they died.
How Much Compensation Can Be Claimed?
Bereavement damages are set at a fixed amount — currently £15,120 in England & Wales — payable to a limited group of close relatives such as a spouse, civil partner, qualifying cohabitee or the parents of an unmarried child.
The larger part of most claims is the dependency award, which reflects the financial support the family has lost — the deceased’s earnings and pension, and the value of the practical things they did, such as childcare, driving and home maintenance. Because this depends on the person’s age, income and family circumstances, dependency awards vary widely and can be substantial. Funeral costs and the estate’s own losses are added on top.
What Are the Time Limits?
A fatal accident claim must generally be started within three years of the date of death, or of the date the cause of death became known. Because gathering evidence takes time, it’s sensible to seek advice when you feel ready — there is no pressure, and a solicitor can handle everything sensitively on the family’s behalf.
How a Solicitor Helps
A specialist solicitor deals with the legal and financial side so your family can focus on grieving. They will establish who was at fault, value the dependency and other losses properly, deal with the insurers, and where needed arrange interim payments to relieve immediate financial pressure. We handle these claims with care, discretion and no upfront cost.
Frequently Asked Questions
Who receives the compensation?
Bereavement damages go to the qualifying close relatives set out in law. Dependency compensation goes to those who relied on the deceased financially, and the estate’s losses pass through the estate. A solicitor will explain exactly how it applies to your family.
Do we need the person responsible to be prosecuted?
No. A civil compensation claim is separate from any criminal case. You can claim whether or not anyone is prosecuted, and a claim can succeed even where a prosecution does not.
How long do we have to make a fatal accident claim?
Usually three years from the date of death or from when the cause became known, though exceptions can apply. It’s best to take advice in good time.
Is a fatal accident claim No Win No Fee?
At Din Solicitors, we handle fatal accident claims on a No Win, No Fee basis — nothing to pay upfront and nothing to pay if the claim is unsuccessful.
We’re Here to Help
If you’ve lost someone because of an accident that wasn’t their fault, Din Solicitors will guide your family through a fatal accident claim with compassion and care, across England & Wales, on a No Win, No Fee basis. Explore our personal injury services, get in touch when you’re ready, or call 01422 647175 for free, confidential advice.