Dealing with the death of a loved one can be devastating. It can be especially hard to come to terms with their death if it was due to someone else’s negligence. In our guide to wrongful death claims, we provide you with the essential information on how to make a claim. We explain your legal rights, guide you through the claims process and show how a specialist No Win No Fee solicitor could help you.
Key Takeaways
- Certain relatives or the estate could claim for the death of a loved one.
- To claim for a wrongful death, you must prove that another party had relative responsibility for your loved one’s safety and that the other party’s actions or inactions caused the fatal injuries.
- Compensation amounts may take the deceased’s pain and suffering into account 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 solicitor could provide help and support at this difficult time.
Please contact Legal Expert today for more information on how to claim or to work with a solicitor:
- Call now on 0800 073 8804.
- Click here to claim online.
- Chat to us live below.
Browse Our Guide
- Understanding Wrongful Death
- Who Can Make A Wrongful Death Claim?
- Examples Of Wrongful Death
- Compensation In Fatal Accident Claims
- Time Limits When Claiming Compensation
- How To Prove A Wrongful Death Claim
- Why Make A Claim With Us?
- Learn More
Understanding 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 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 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 Death
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 workplaces 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 way which is safe and which prevents the risk of them or others 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. They may fail to pay attention to traffic signals, such as a red light at a pedestrian crossing, and strike a pedestrian crossing the road, killing them.
Medical Negligence
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 wrongfully dying.
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.
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.
Compensation In Fatal Accident Claims
How much compensation may be awarded could depend on the pain and suffering of the deceased prior to their death as well as family members’ financial losses.
In the table below we look at how much compensation may be awarded for a wrongful death compensation claim. Here we have taken figures from the Judicial College Guidelines (JCG). This is a resource which legal professionals may consult whilst estimating wrongful death settlements.
| Type Of Harm | Severity | Damages Guideline |
|---|---|---|
| Death with add on claims. | Wrongful death | Up to £550,000 and over. |
| Paralysis | A - Quadriplegia | £396,140 to £493,000 |
| Paralysis | B - Paraplegia | £267,340 to £346,890 |
| Brain damage | A - Very severe | £344,150 to £493,000 |
| Injuries resulting in death | A - With full awareness | £15,300 to £29,060 |
We must note that such figures are presented only as a guideline. How much you could be awarded may differ. Please also note that the top entry is not taken from the JCG.
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 To Prove A Wrongful Death 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 Claim With Us?
At Legal Expert our solicitors are experts at handling wrongful death claims. They could assess the case, help you to collect evidence and assist in building it. They could also help to ensure that your case is properly handled. They will also keep you informed of any updates as the claim progresses.
What’s more, they could do so on a No Win No Fee basis using a Conditional Fee Agreement (CFA).
What Is A Conditional Fee Agreement?
A Conditional Fee Agreement is a way for a solicitor to take your case on, without you having to make any upfront payments for their work. You typically also wouldn’t be asked to make any payments for their services whilst the claim is ongoing.
In addition to these benefits, you wouldn’t be asked to pay for their services if your claim doesn’t succeed. If you do win your compensation claim, you would be charged a success fee. This fee is a legally capped percentage of your compensation. This leaves you with the majority of your settlement.
- Click to make a claim online.
- Phone us on 0800 073 8804.
- Talk to us live on this page.
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 about how to claim for a death by hospital negligence and at 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.
In our guide we have provided everything you need to know about wrongful death claims. Please contact our team if you would like to discuss your case or get help from one of our solicitors.
