We’ve put together this murder and manslaughter compensation claims guide to help those affected by the most serious crimes seek Compensation for the incident and their loss.
We’ll examine key aspects of making a claim for murder or manslaughter through the Criminal Injuries Compensation Authority (CICA), including who could be eligible to claim, how compensation is calculated and what types of payments can be made.
Our final section looks at how our expert criminal injury solicitors could help to make a claim. In particular, we focus on how the specific No Win No Fee contract that they offer will benefit you when making your claim with us.
Key Takeaways:
- Qualifying dependents of the deceased may seek compensation for the death and how it has impacted them.
- Compensation could be awarded for funeral expenses, child payments and other costs.
- Our highly experienced criminal injury solicitors work on a strictly No Win No Fee basis.
To get a free no-cost, zero obligation of your eligibility, contact our advisory team today using the details provided here:
- Call us on 0800 073 8804
- Start your claim online by completing our contact form.
- Or, you can open the live chat on your screen and speak to an advisor now.
Select a Section
- What Are Murder And Manslaughter Compensation Claims?
- Who Can Claim Murder Or Manslaughter Compensation?
- How Much Compensation Could You Get For Murder Or Manslaughter?
- How Our Solicitors Can Help With Murder And Manslaughter Compensation Claims
- Learn more About Criminal Injury Compensation
What Are Murder And Manslaughter Compensation Claims?
Before we explain how a claim can be made, we first need to explain what murder and manslaughter mean. Murder and manslaughter claims are a type of criminal injury claim made by certain qualifying relatives of the deceased after their unlawful death.
We have provided the legal definitions of both offences here:
The Legal Definition Of Murder
The legal definition of murder, is “the unlawful killing of another under the King’s peace.” As per the Crown Prosecution Service charging standards, a murder charge will be pursued where a person:
- Of sound mind (not insane)
- Unlawfully kills (not in self-defence or other valid justification)
- Any reasonable creature (any human)
- In being (alive and breathing on their own)
- Under the King’s Peace (not in war)
- With the intent to kill or cause grievous bodily harm.
The Legal Definition Of Manslaughter
Manslaughter is the unlawful killing of another without the intent to kill or cause serious harm. There are a few circumstances where an individual may be charged with manslaughter instead of murder. These are:
- A partial defence applies. This can include where the offender is not of sound mind or a loss of control.
- Where the offender engaged in conduct that was grossly negligent to the risk of death, this is referred to as gross negligence manslaughter.
- An unlawful act where there was a danger of some harm occurring that resulted in a death. This is referred to as “unlawful and dangerous act manslaughter.”
(1) is known as “voluntary manslaughter, whereas (2) and (3) are referred to as “involuntary manslaughter.”
To find out more about manslaughter compensation claims, and to get a free assessment of your eligibility, get in touch with our advisory team today.
Who Can Claim Murder Or Manslaughter Compensation?
In order to make a criminal injury claim following the intentional or accidental killing, the following will need to be shown:
- The deceased was a victim of a crime of violence.
- That crime occurred in Great Britain (England, Scotland or Wales) or another relevant place e.g. on a boat that was registered to any of these countires.
- The crime was reported to the police.
The Criminal Injuries Compensation Scheme 2012 stipulates that certain qualifying relatives may claim criminal injury compensation for payments following a bereavement. We have set out who counts as a qualifying relative and what they could receive in the sections below.
Children
Children who were under 18 at the time of death.
Spouse
The spouse of the deceased who was living in the same household, a partner who had lived with the deceased continuously for at least 2 years prior to their death or someone who would satisfy these criteria but did not live with the deceased due to either person’s ill-health.
Former spouses who were financially dependent on the deceased can also make a claim.
Civil Partner
As with spouses, civil partners who lived with the deceased continuously for at least two years are eligible to make a claim. This also includes former civil partners who were financially dependent on them.
Family Members
This includes the parents of the deceased.
What Can Criminal Injury Compensation Cover?
There are different types of compensation that could be awarded as part of murder and manslaughter compensation claims. We have set these out below.
Bereavement
A bereavement payment of £11,000 could be awarded to a qualifying relative. However, this does not include:
- Former spouses or civil partners.
- Those estranged from the deceased, such as a parent.
If more than one person is eligible for this payment, the amount payable to each person will be £5,500.
Funeral Expenses
A flat £2,500 funeral payment rate can be made as soon as eligibility has been established to help cover the basic costs.
An additional £2,500 payment could also be made where particular circumstances have meant that the flat rate will not cover the funeral costs. However, no more than £5,000 can be awarded for funeral expenses.
Child Payments
Children of the deceased who were under the age of 18 at the time of death and were dependent on them are eligible to receive a child payment. This is calculated at £2,000 per year, adding up until the date of their 18th birthday, and awarded as a lump sum.
This is awarded to compensate for the loss of:
- Affection and love.
- Supervision and care.
- Treats.
- Taken to and from activities and clubs by the deceased.
Physical Dependency
If you were a qualifying relative who was physically dependent on the deceased, you could claim compensation for this. However, you will need to provide evidence that the deceased physically supported and contributed to your upkeep.
Financial Dependency Payments
Additionally, you could be eligible for a financial dependency payment if you were financially dependent on the deceased and are a qualifying relative. You would need to prove that they deceased was making material financial contribution to your upkeep.
However, if the deceased was not in paid work, they must have had good reason to not have been, such as if they were in education full time.
If social security benefits were the deceased’s main source of income, you would not be eligible to receive a financial dependency payment.
This payment is calculated over the period of the dependency at the weekly rate of statutory sick pay (SSP) and will be paid as a lump sum.
If more than one qualifying relative is eligible for this payment, the weekly amount will be divided into equal shares.
Contact our advisors today to see whether you could be eligible to make a claim through the CICA following the death of a loved one.
How Much Compensation Could You Get For Murder Or Manslaughter?
Payouts in successful manslaughter compensation claims can be awarded to various qualifying relatives as well as the estate of the deceased. Compensation is paid out in line with a fixed tariff from the Criminal Injuries Compensation Scheme 2012.
We have collated these payments from the Scheme and put them into the table below. As shown in the table, the maximum award from the CICA is £500,000.
Compensation Table
Please be advised that the amounts provided in this table are fixed.
| Type of Payment | Amount | Notes |
|---|---|---|
| Multiple Bereavement payments plus Children's Awards and Funeral Costs. | Up to £500,000 | The maximum amount awarded by the CICA following a murder of manslaughter will be £500,000. |
| Bereavement Payments (single relative) | £11,000 | Where only one application for a bereavement payment is made, the award sum will be £11,000. |
| Bereavement Payments (multiple relatives) | £5,500 per applicant | Qualifying relatives who are not former spouses, former civil partners or estranged from the deceased at the time of death may receive bereavement payments of £5,500 per applicant. |
| Child's Payments | £2,000 per year until maturity. | Any children were under 18 at the time of death will receive a lump sum calculated at £2,000 per year until the day before their 18th birthday. |
| Funeral costs | £2,500 to £5,000 | The estate of the deceased may receive a flat sum £2,500 for funeral expenses, rising to £5,000 for additional reasonably incurred expenses. |
| Dependency | £116.75 per week (in line with the current SSP payment) | If more than one relative applies for dependency payment, the weekly amount is divided equally between them. |
How Our Solicitors Can Help With Murder And Manslaughter Compensation Claims
To find out more about manslaughter compensation claims, get in touch with our advisory team. They can also assess your eligibility to claim for free. If it is determined that you have a valid claim, then you could be put in touch with one of our highly experienced criminal injury solicitors.
The type of No Win No Fee contract offered by our solicitors is called a Conditional Fee Agreement or “CFA.” This agreement gives claimants some key benefits including:
- No service fees to pay at the start of the claim.
- No service fees during the claims process itself.
- No service fees if the claim does not succeed.
If, however, the claim is a success, you will receive compensation. A small percentage of your compensation will be taken by the solicitor. This is known as a success fee.
Because success fees are subject to a legally binding cap as per The Conditional Fee Agreements Order 2013, you know from the very start that the majority of any compensation paid out is yours to keep.
For more information on claiming criminal injury compensation following the death of your relative, get in touch with our advisory team today. We can also provide a zero-obligation assessment of your eligibility for free.
You can reach our team 24 hours a day using the contact information below:
- Call us on 0800 073 8804.
- Start your claim online by completing our contact form.
- Or, you can open the live chat on your screen and speak to an advisor now.
Learn more About Criminal Injury Compensation
You can read some of our other criminal injury claims guides here:
- Get an answer to the question, “what is the criminal injuries compensation scheme?” with this guide.
- Find out more claiming compensation for being stabbed here.
- Read our guide on how much compensation for an assault you could receive following a successful claim.
We have also provided these external resources for additional information:
- See this resource on grief after bereavement or loss from the NHS.
- Find out more about financial support when someone dies on the government website.
- Access help and support if you’ve been affected by crime from charity Victim Support.
Thank you for taking the time to read our murder and manslaughter compensation claims guide.
