Fatal Accident Claim – A Complete Guide

If you have lost a loved one due to an accident that was not their fault, you may be wondering how to make a fatal accident claim. In this guide, we discuss the eligibility requirements that need to be met and who is eligible to make a fatal injury compensation claim.

Additionally, we examine the time limits involved for starting such a claim and the different forms of compensation that could be awarded. Furthermore, we end this guide by examining how a No Win No Fee solicitor could help you through the claiming process.

To see how  we could help you, contact our advisors today:

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Jump To A Section of Our Guide

  1. Who Can Make A Fatal Accident Claim?
  2. What Types Of Fatal Accidents Can Be Claimed For?
  3. How Do I Make A Fatal Accident Claim?
  4. What Is The Time Limit For A Fatal Accident Claim?
  5. How Much Compensation For A Fatal Accident?
  6. Claim For A Fatal Accident On A No Win No Fee Basis
  7. Resources About Making A Personal Injury Claim

Who Can Make A Fatal Accident Claim?

To be able to make a fatal accident claim, certain eligibility requirements need to be met. These are:

  • Someone owed the deceased a duty of care.
  • They breached this duty,
  • This caused the deceased to suffer fatal injuries.

Later on in this guide, we share examples of different types of incidents that may lead to a fatal injury claim.

Under the Law Reform (Miscellaneous Provisions Act) 1934 (LRMPA), the deceased’s estate can put forward a claim for the deceased’s pain, suffering and financial harm experienced prior to death (called general and special damages), and also on behalf of the dependents. The estate is the only party who can make a claim for the immediate 6 months after the deceased’s death.

If the deceased estate does not put forward a claim on their behalf within the first 6 months following the death, under the Fatal Accidents Act 1976 (FAA), the deceased’s dependents can then make their how claim for the impacts they have experience due to the death.

Examples of those who qualify as a dependent include:

  • The wife, husband/civil partner (either current or past) of the deceased.
  • A person who cohabited with the deceased for a period of 24 months before their death in the capacity of a spouse/civil partner.
  • A parent /step-parent (or other ascendants) or anyone regarded as such (e.g. a step-parent).
  • A child (or other descendant) of the deceased or anyone regarded as such (e.g. a step-child).
  • The sister or brother, uncle or aunt of the person who died as well as any of their children.

What Is The Statutory Bereavement Award?

In addition to this, under the FAA, some relatives may qualify for a bereavement award. This is a lump sum of £15,120. The award can be awarded to or split between:

  • A husband, wife or civil partner of the deceased.
  • Someone who cohabited with the deceased for at least 24 months before they died (in the capacity of a spouse).
  • The parents of the deceased if that person was an unmarried minor.
  • The mother of the deceased if they were an unmarried minor born outside of wedlock.

To see whether you quality as a dependent or for a bereavement award you can contact our advisors.

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What Types Of Fatal Accidents Can Be Claimed For?

As previously mentioned, in order to make a fatal accident claim, you need to prove that the deceased’s death was caused by someone breaching a duty of care they owed them.

Some examples of how a fatal injury may occur due to a breached duty of care are set out below:

Accidents At Work

The Health and Safety at Work etc Act 1974 (HASAWA) requires employers to take steps considered practicable and reasonable to minimise risk and prevent their staff from being harmed while working.

Examples of how a fatal accident at work could occur include:

  • Employers provide faulty ladders to their staff working in a warehouse, resulting in an employee suffering a fatal injury when they fell from a height,
  • Inadequate personal protective equipment (PPE), such as the right hard hat, was given to a worker on a construction site, resulting in them suffering a fatal head injury when construction materials fell on them from a height.
  • Poor safety standards in a chemical plant led to an employee suffering a fatal burn injury after contact with a badly stored hazardous substance.

Road Traffic Accidents

A duty of care applies to all road users to use the roads safely to avoid causing harm. To comply fully with it, they need to follow the Road Traffic Act 1988 and the obligations detailed in the Highway Code.

Examples of how a fatal road traffic accident may occur include:

  • A drunk driver collides with another motorist and kills them in a road traffic accident.
  • A driver who was speeding above the legal limit hit a cyclist, and they suffered fatal injuries.
  • A taxi driver is distracted and fails to notice a pedestrian crossing at a zebra crossing, resulting in them hitting the pedestrian, and they suffer a fatal injury.

Accidents In A Public Place

The Occupiers’ Liability Act 1957 states that any party in control of an area open to the general public has a duty of care for their reasonable safety. They must take steps to implement the necessary measures to reasonably prevent the public from being harmed.

Some examples of how a fatal accident may occur in public include:

  • The safety barrier in a department store was broken and unrepaired. A customer fell to their death when they leaned against it, and it gave way.
  • A public pool failed to have a ‘no diving’ sign for the shallow end of the pool, resulting in someone suffering a fatal head injury when they dived into the pool.
  • A chandelier in a hotel reception area was not properly secured, resulting in it falling on customer and they suffer a fatal crush injury.

Medical Negligence

All healthcare professionals have a duty of care to provide their patients with the correct standard of care. If they fail to do this, and this results in someone being fatally harmed, a fatal medical negligence claim could be made. Some examples may include:

  • Despite displaying clear symptoms of lung cancer, a doctor failed to refer their patient for further tests, resulting in the cancer progressing and leading to their death.
  • A nurse administered a hospital patient a medication that the patient had a known allergy to, causing them to suffer a fatal allergic reaction.
  • Due to not paying attention during surgery, a surgeon damages a vital organ during surgery resulting in the patient dying.

If you have any questions about making a fatal accident, you can contact our advisors.

How Do I Make A Fatal Accident Claim?

When making a fatal accident claim, it is important that you have evidence that proves the deceased suffered their fatal injuries due to someone breaching a duty of care they owed them.

To help with this, we have detailed examples below of what you could gather to support your fatal injury claim:

  • Any CCTV, dashcam or helmet-cam footage that filmed the accident.
  • Copies of any medical reports, post-mortem findings, Coroner’s reports and Inquest details.
  • Photos of the accident site.
  • The contact information of witnesses to the accident. They could provide a statement at a later date.
  • Copies of relevant reports, such as a workplace accident report, public place accident report or police report.

Gathering evidence is not something you have to do alone. Contact our advisors today to learn how a solicitor from our panel could help you with making  a fatal injury claim.

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What Is The Time Limit For A Fatal Accident Claim?

The time limit for starting fatal accident claims is generally 3 years. This can be:

  • 3 years from the date of death.
  • 3 years from the date of an inquest or postmortem (date of knowledge).

Please connect with our advisory team if you have any questions about making a fatal accident claim. In addition to answering your questions, they could offer you free advice and potentially connect you with one of the solicitors on our panel.

How Much Compensation For A Fatal Accident?

As mentioned above, the deceased’s estate may submit a claim for the deceased’s general and special damages.

General damages are to compensate for the pain and suffering the deceased experienced due to their fatal injuries prior to their death.

Special damages are to compensate for the financial losses the fatal injury caused the deceased to experience prior to their death, such as private medical care while in a coma.

For the table below, we have used some of the compensation guidelines listed within the Judicial College Guidelines (JCG).  This document contains a list of various injuries alongside guideline compensation brackets. It is often used to help value claims for general damages.

Compensation Guidelines

Please note that the first figure does not come from the JCG.

Injury Type17th JCG Guidelines (except top line).
Fatality Plus Add-On ClaimsUp to £550,000 and over
Paralysis - Tetraplegia/Quadriplegia£396,140 to £493,000
Paralysis - Paraplegia£267,340 to £346,890
Brain Damage - Very Severe£344,150 to £493,000
Injuries Resulting in Death - Full Awareness£15,300 to £29,060

Can I Claim For Funeral Expenses?

Yes. You could qualify to claim for funeral costs, In addition to this, you could also claim compensation for the following:

  • Loss of services around the home, such as help with childcare or DIY. (These amounts would require a solicitor to quantify them). This can also cover past and future losses.
  • Loss of Dependency – This relates to a loss of the deceased’s income which impacts anyone who has financial dependency on the deceased.
  • Loss of consortium (otherwise known as loss of a special person) – relates to losses that are not financially quantified anywhere else, such as loss of companionship or damage to the family unit.

For more information on how compensation is awarded for a fatal accident claim, you can contact our advisors.

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Claim For A Fatal Accident On A No Win No Fee Basis

One of the expert solicitors from our panel could help you with making a fatal accident claim.

The solicitors on our panel can offer their services through a type of No Win No Fee agreement. Typically, they suggest a Conditional Fee Agreement (CFA). This particular arrangement comes with various advantages, such as:

  • No fees to pay for the solicitor to start work on the claim.
  • No solicitors fees to pay as the claim moves ahead.
  • No fees to pay for completed services if the fatal accident claim is not a success.

However, if it is successful, the solicitor will take a small success fee from the compensation awarded. The law limits this percentage.

If you have any questions about working with a No Win No Fee solicitor on a fatal injury compensation claim, you can contact our advisors:

Resources About Making A Personal Injury Claim

In additional to fatal injury claims, we also can help with the following types of claims:

Additional Resources:

Thank you for reading this guide on how to make a fatal accident claim.