Fatal Accident Claims

Understanding Fatal Accident Compensation Claims

When someone dies as a result of another person’s actions or failures, the law recognises that their loved ones may be left not only with emotional grief but also serious financial hardship. Fatal Injury Claims exist to help dependents and close family members recover compensation after a death that should never have happened.

These claims are made under two key pieces of legislation: the Fatal Accidents Act 1976, which allows dependants to claim for the loss of financial support, services, and a bereavement award, and the Law Reform (Miscellaneous Provisions) Act 1934, which allows the deceased’s estate to claim for pain and suffering between injury and death, as well as other direct losses.

A Fatal Accident Claim is not about placing a monetary value on someone’s life. It is about protecting the people who were left behind. If your partner, parent, or child has died because of someone else’s negligence, the law allows you to claim compensation for the impact that loss has had on your life, financially, practically and emotionally.

You may be entitled to claim if your loved one died in a road accident, at work, in public, or following negligent medical care. We will help you understand exactly what happened, what the investigation process involves, and what can be done to hold those responsible to account. Even if no criminal charges have been brought, you may still have a valid claim in civil law.

At PSR, our Fatal Accident Solicitors know how difficult it can be to talk about what has happened. We are here to guide you through every step, from initial advice to a final settlement, with legal support that is clear, respectful and focused on your needs.

Who Can Make a Claim for Fatal Accident Compensation?

When a person dies in an accident caused by someone else’s actions or negligence, the law allows certain individuals to bring a claim for compensation. This is usually done by those who were financially or practically dependent on the person who has died, or by someone acting on behalf of their estate.

There are two main types of claims that can be made:

• A claim by the dependants of the person who died. This is brought under the Fatal Accidents Act 1976 and covers the financial and practical loss experienced by close family members.
• A claim by the estate of the deceased. This is brought under the Law Reform (Miscellaneous Provisions) Act 1934 and can include things like pain and suffering, medical costs, or lost income between the accident and the date of death.

You may be entitled to claim as a dependant if you are:

• A husband or wife of the deceased
• A civil partner
• A cohabiting partner who lived with the deceased for at least two years
• A parent or someone treated as a parent
• A child, stepchild or someone treated as a child
• A sibling or another close relative

If the person who died left a will, their named executor can bring a claim on behalf of the estate. If there is no will, this can usually be done by the next of kin or a legally appointed administrator.

In many cases, both types of claims can be brought at the same time. We will advise you on which type of claim applies and who is legally entitled to claim. We understand that family situations are not always straightforward, and we will deal with your enquiry sensitively and without judgment.

The Legal Basis for Fatal Injury Claims

Fatal Injury Claims in England and Wales are usually brought under two separate laws. Together, these allow close family members or the deceased person’s estate to claim compensation after a wrongful death. Your solicitor will explain which type of claim applies and what you may be entitled to recover.

Law Reform (Miscellaneous Provisions) Act 1934

This allows a claim to be brought on behalf of the deceased’s estate. It is usually made by the executor named in the Will or, if there is no Will, by an appointed administrator. These claims can include:

• Pain and suffering between the date of injury and the date of death
• Funeral expenses paid by the estate, including the cost of a headstone
• Losses that occurred before death, such as medical expenses or lost income
• Probate fees, which are sometimes paid by the defendant’s insurer

Fatal Accidents Act 1976

This Act gives certain family members the right to claim for the financial and practical loss caused by the death. This is known as a dependency claim. It can include:

• A bereavement award, currently set at £15,120 for eligible relatives
• Loss of earnings that the deceased would have contributed to the household
• Loss of pension payments, employment benefits or expected financial gifts
• Loss of services the deceased provided, such as childcare or household work

These two claims are often brought at the same time. Our Fatal Accident Solicitors will explain what applies in your case and work out the full value of your claim based on the evidence available.

Your Fatal Injury Claims questions answered