Last Updated January 27th 2026. Wrongful death claims can be made following any fatal accident. While no compensation can ever make up for losing someone to an accident, the payout can bring a sense of justice, and help any dependents who have lost their primary caregiver. Wrongful death compensation calculation is done in much the same way as personal injury claims, with our solicitors examining both the pain and suffering, as well as financial harm experienced by the deceased.
Our dedicated experts have helped many claimants to seek wrongful death compensation. Whether you need help gathering supporting evidence or don’t know how to claim, Legal Expert are on hand to provide end-to-end support and help you seek justice.
Key Takeaways
- Certain relatives or the estate could claim compensation for the death of a family member.
- To claim for a wrongful death, you must prove that another party had a relative responsibility for your loved one’s safety and that the other party’s actions or inactions caused the fatal injuries.
- Fatal accident compensation amounts may take into account the deceased’s pain and suffering, as well as the financial and emotional impact on their loved ones.
- Claimants must provide sufficient evidence to show that a wrongful death has taken place.
- A specialist No Win No Fee solicitor could provide help and support at this difficult time.
4.8 (466 reviews) What Is Considered A “Wrongful Death”?
A ‘wrongful death’ is used to describe circumstances in which a person dies due to a third party’s wrongdoing or negligence. In such instances, the person’s death may have been prevented if a third party had taken reasonable precautions or paid due care and attention.
As we will explore through this guide, a wrongful death could occur in a variety of different situations. These could include accidents at work or in public places, road traffic accidents or may even be caused by negligent medical care. No matter which of these circumstances the death occurred in, the common factor is that the death was preventable.
A wrongful death compensation claim is a way for family members or the estate to seek compensation following the death of a loved one. It may also help to hold the liable party accountable for the death.
Who Can Make A Wrongful Death Claim?
Wrongful death claims may be brought by either the estate of the deceased or by close family members of the deceased.
Under the Law Reform and Miscellaneous Provisions Act 1934 (LRMP), in the immediate six months following the person’s death, claims may only be made by the deceased estate.
If no claim is made by the estate during this time, qualifying relatives may make a claim under the Fatal Accidents Act 1976 (FAA). Those who could bring a claim include:
- A current or former spouse, such as a wife, husband or civil partner.
- Someone who lived with the deceased as a spouse for two years prior to their death.
- A parent or other person treated as a parent.
- A child or other descendant of the deceased. This may include those treated as a child through marriage, such as stepchildren.
To claim compensation, you must show that you were financially dependent on the deceased. You must show that their death has caused you financial hardship. Later in this guide, we will explore what losses you could be compensated for.
Please note that wrongful death compensation claims may only be brought by one of these parties. For example, if the estate of the deceased has made a claim, family members could not subsequently do so.
Examples Of Wrongful Deaths
There are many different circumstances in which fatal accidents could occur. In the following sections, we look at the different types of accidents which could lead to a wrongful death.
Fatal Workplace Accidents
Whilst workplaces have become safer over time, fatal accidents do still occur. 138 workers died in workplace accidents in 2023/24. This is according to the Health and Safety Executive (HSE), Britain’s regulator for workplace safety. At work, your employer has a duty of care to take reasonable and practicable steps to ensure your safety, complying with relevant workplace safety legislation, such as the Health and Safety at Work etc. Act 1974.
A worker on a construction site could fall from scaffolding due to an employer failing to provide proper safety equipment, such as guardrails and harnesses. Falling from a height could lead to a fatal injury.
Road Traffic Accidents
Reported road casualties for the UK show that in 2023, there were 1,624 fatalities on Britain’s roads. All road users have a duty of care towards each other. They must use the roads in a safe way which prevents them or others from being harmed. The Road Traffic Act 1988 and The Highway Code set out rules that road users must adhere to.
A fatal car accident involving a pedestrian could be caused by a speeding driver. Similarly, a death by dangerous driving could occur if someone carries out a risky manoeuvre, like overtaking on a blind bend. Accidents can also arise due to a lack of proper care and attention, like failing to watch traffic signals, such as a red light at a pedestrian crossing.
Public Place Accidents
Parties in control of public places may be referred to as the occupier. Under the Occupiers’ Liability Act 1957, they have a duty to ensure that the space is reasonably safe for members of the public to use.
A customer could slip on an unmarked wet floor at the top of a staircase in a shopping centre, falling down the stairs. The fall could cause a combination of severe head and spinal injuries, leading to the person’s death. Family members could sue the shop for compensation.
Medical Negligence Resulting In Death
Healthcare and medical professionals all have a duty to ensure that the care they provide to patients meets expected standards. The failure to do so may cause avoidable harm to a patient and even lead to their death. In such instances, people could make fatal medical negligence claims.
A surgeon may make a surgical error during an operation, such as by leaving a surgical implement inside a patient. This may cause severe complications, such as an infection or severe internal damage, leading to the person’s wrongful death.
A patient undergoes surgery, but the medical team leaves a surgical instrument inside the patient’s body. The patient suffers severe complications and ultimately passes away due to this error. The patient’s family could claim compensation for the wrongful death caused by medical negligence.
4.8 (466 reviews) Fatal Accident Compensation Amounts
Let’s take a look at fatal accident compensation amounts, as there are a number of factors that go into working this out.
How much compensation may be awarded could depend on the pain and suffering of your loved one prior to their death, as well as the family members’ financial losses.
In the table below, we look at several suggested compensation brackets from the Judicial College Guidelines (JCG). This is a resource which legal professionals may consult while estimating wrongful death settlements.
We must note that such brackets are presented only as a guideline. Please also keep in mind that the top entry is not sourced from the JCG.
| Type Of Harm | Severity | Damages Guideline |
|---|---|---|
| Death with add on claims | Wrongful death | Up to £550,000 and over |
| Paralysis | 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 | With full awareness | £15,300 to £29,060 |
| Injuries resulting in death | Followed by unconsciousness | £12,830 to £13,020 |
4.8 (466 reviews) What Else Can I Claim For?
In addition to compensation for the deceased’s pain and suffering, qualifying family members may also claim compensation for
- Funeral costs and expenses.
- Financial dependency – this may cover the financial contribution made by the deceased towards the family’s income.
- Loss of consortium – this compensates for the loss of a special person. It tries to take account of losses which can not be quantified financially.
- Loss of services – this is a broad category. It may include help with childcare or domestic tasks, such as DIY. This may cover both past and future losses.
Further to compensation through wrongful death claims, you may also be entitled to the Statutory Bereavement Award. This is a fixed award of £15,120. The amount is set in Section 1A of the FAA and may be reclaimed by the husband, wife or parent of an unmarried minor.
Please remember that all wrongful death negligence claims are individually assessed and calculated. If you are eligible, one of our wrongful death solicitors could assess your claim.
Time Limits When Claiming Compensation
To claim for a wrongful death, you must do so within the applicable limitation period. Typically, this is taken from the date on which the person died and lasts for three years. If the fatal injury was only later connected with negligence, such as at an inquest, the time limit will begin from this date.
We should again highlight that during the first six months following a wrongful death, only the estate of the deceased may bring a claim. Get in touch with us to discuss the time limit which applies to wrongful death claims.
How Long Does A Wrongful Death Claim Take?
There is no set timeframe for how long wrongful death claims take from filing to settlement. This is due to the variables between claims. A straightforward case of negligence would typically settle before a more complex case.
For example, if your loved one was hit at a pedestrian crossing by a drunk driver who failed to stop but was later found on that same road, crashed into a tree, and your loved one died at the scene, this would be relatively straightforward with clear liability for the injuries suffered. However, if the liability was not certain, then the claim could enter negotiations or require further evidence.
Other factors that can affect how long a claim for wrongful death includes:
- Evidence strength.
- Injuries suffered prior to death.
- Disputed liability.
- Investigations. For example, if the police or the Health and Safety Executive (HSE) need to investigate the circumstances of the death.
- Settlement negotiations. For example, the dependents may want to ensure that the items they relied on financially, such as the deceased being responsible for paying the mortgage, are compensated for.
If one of our wrongful death lawyers supports the fatal injury claim, they can further advise you on how long it may take. Please get in touch with one of the advisors from our team. They can discuss wrongful death claims and the factors that influence how long it can take to settle based on the circumstances surrounding the individual case.
How To Prove A Wrongful Death Compensation Claim
Those submitting wrongful death negligence claims must ensure that they gather enough evidence to show that another party was liable for their loved ones’ pain, suffering and death.
Types of evidence:
- The findings of an inquest or a Coroner’s report.
- Details of those who witnessed the fatal accident.
- Photo or video records of the accident taking place, or of the scene of the accident. This may include CCTV footage or photographs of the scene of an accident.
- Medical records of the deceased.
Please contact our team of advisors if you have any questions about what proof or evidence could help to support your claim.
Why Make A Wrongful Death Claim With Us?
By making your wrongful death claim with Legal Expert, you will get the benefit of working with a highly experienced fatal accident solicitor who can offer a range of services and support, including:
- Completing the required wrongful death compensation calculation for the claim.
- Assisting with the collection of supporting evidence.
- Helping you understand all the technical legal language.
- Connecting you with a trusted grief counsellor and other specialists as required.
- Keeping you informed of the claim’s progress and communicating with the defendants on your behalf.
- Negotiating the final settlement.
Our solicitors represent their clients on a 100% No Win No Fee basis. The contract they offer, a Conditional Fee Agreement (CFA), protects claimants from having to pay any service fees to the solicitor both at the start of or during the claim. There will also be no fee if the claim fails.
You will pay a success fee to your solicitor if you are awarded compensation. This fee can be charged at a maximum of 25%, a percentage that is capped in law. What all this means is that from the very beginning, you’ll know how much you’ll need to pay, and won’t be caught out by hidden fees.
Contact us today to discuss your claim.
4.8 (466 reviews)
Learn More
Below, you can find additional information on how wrongful death solicitors could help you.
- In this guide, we look in more detail at how to claim for death by dangerous driving.
- Here you can read more about how to claim compensation for medical negligence resulting in death.
- This guide looks in more detail at how to claim for a death by hospital negligence and how we could help you.
Resources
- You can learn more about what to do after a death in this resource from the UK Government.
- Get help dealing with grief, bereavement and loss in this NHS guide.
- Find support and self-care resources in this guide from the charity Mind.
Frequently Asked Questions (FAQ) On Wrongful Death Claims
Below, you can find answers to some frequently asked questions on wrongful death claims:
What happens if the deceased was partly at fault for their death?
If the deceased was partly responsible, compensation may still be awarded, but it can be reduced. This is called contributory negligence. For example, if they were found 25% at fault, the settlement would usually be reduced by the same percentage.
Can a wrongful death claim be brought if criminal proceedings are ongoing?
Yes. A civil claim for wrongful death is separate from any criminal case. You can begin a claim while criminal proceedings are ongoing, and the outcome of a trial does not prevent you from pursuing compensation.
What’s the difference between a wrongful death claim and a personal injury claim?
A personal injury claim is made by the injured person during their lifetime. A wrongful death claim is brought after someone has died, either by their estate or by qualifying relatives who were financially dependent on them.
How are compensation amounts divided between family members?
If more than one dependant is eligible, the court will decide how the compensation should be divided. The decision is usually based on the level of financial dependence each person had on the deceased.
Can you claim if the negligent party is uninsured or has no money?
Yes. If the at-fault party is uninsured or cannot pay, you may still be able to claim through alternative routes such as the Motor Insurers’ Bureau for road traffic accidents, or by making a claim directly against their assets if possible.
Can I still make a claim if more than three years have passed?
In most cases, you must start a wrongful death claim within three years of the death. However, there are limited exceptions, such as when negligence was only discovered later. A solicitor can advise whether an extension applies.
Do wrongful death claims always go to court?
No. Many claims are settled through negotiation without a court hearing. Court proceedings are usually only needed if there is a dispute about liability or the amount of compensation.
How do inquests and coroners’ reports affect a wrongful death claim?
An inquest does not decide civil liability, but the evidence gathered can be very useful in supporting a wrongful death claim. Coroners’ reports often provide important details about how the death occurred.
What financial records should I keep to support a dependency claim?
It helps to keep payslips, pension statements, tax returns, bank statements, and receipts for household or childcare costs. These documents show the financial support the deceased provided and can strengthen your claim.
Can step-children, foster children or cohabitees make wrongful death claims?
Yes. Step-children, foster children or partners who lived with the deceased as part of the same household may be able to claim if they were treated as dependants under the Fatal Accidents Act.
