By Danielle Jordan. Last Updated 8th August 2024. If you’ve lost a loved one in an accident you may feel a mix of emotions, from heartbreak to outrage (especially if the fatal accident was avoidable). In such circumstances, it may be possible to claim compensation for wrongful death. In this guide, we’ll provide you with everything you need to know.
Knowing how to claim compensation for the death of a family member or loved one can be difficult. Below, we explain the eligibility criteria and set out who can make a fatal accident claim. We also explain how you can be compensated for funeral costs and other expenses.
If you’d like to check if you could be entitled to a fatal accident compensation amount, the best thing to do is to arrange a free consultation with us today. You can get in touch anytime using any of the free methods below:
- Call us on 0800 073 8804
- Use our live chat feature on your screen to chat now
- Or fill out a contact form on our website for a callback regarding a fatal accident claim
Select A Section
- Fatal Accident Compensation Amounts And Payouts
- Can I Claim Compensation For The Death Of A Family Member?
- In What Circumstances Could I Make A Wrongful Death Claim?
- Do I Need Evidence To Support A Fatal Accident Compensation Claim?
- How Legal Expert Can Help You Claim Compensation For The Death Of A Family Member
Fatal Accident Compensation Amounts And Payouts
In the event of a successful wrongful death claim, compensation accounting for the pain and suffering the deceased experienced prior to their death is awarded to their estate.
Those involved in making a death compensation calculation can refer to medical reports to help them arrive at a figure. For example, if the deceased suffered for a long period before they passed away, their estate is likely to receive a larger payment.
They can also look at guidance from a set of compensation brackets found in the Judicial College Guidelines (JCG). We have used figures from the JCG to create the table below.
All fatal injury claims are different, so if you’re wondering how much compensation for death and the deceased’s suffering could be awarded in your case if you represent their estate, it is worth calling us for free detailed guidance. Please note that the top line in this table is not a JCG figure.
| Injury | Notes | Compensation bracket |
|---|---|---|
| Fatality add-on | Award may include loss of earnings and other financial dependency in addition to the pain and suffering experienced by the deceased. | £550,000+ |
| Paralysis | Tetraplegia/Quadriplegia | £396,140 to £493,000 |
| Paralysis | Paraplegia | £267,340 to £346,890 |
| Brain Damage | Very Severe | £344,150 to £493,150 |
| Injuries Resulting in Death | Full Awareness | £15,300 to £29,060 |
What Else Could Be Awarded Under Fatal Accident Compensation?
A payout accounting for the deceased’s suffering is not the only compensation for the death of a family member that can be awarded. A payout could additionally cover:
- Financial dependency. For example, if the deceased contributed to the family income, the payment could account for the loss of that contribution, both presently and in the future.
- Loss of consortium, or loss of a special person. This payment attempts to reflect the impact that losing a loved one has, as well as any other losses that cannot be financially quantified.
- Loss of services, meaning support with anything the deceased helped with at home that would require outside help going forward. Childcare is one example of this.
- Funeral bills.
Furthermore, certain qualifying loved ones could receive a bereavement award as set out by Section 1A of the Fatal Accidents Act 1976 (FAA). The fixed amount of £15,120 will be split between any person who claims the award and qualifies to receive it. This can include the deceased’s:
- Spouse or civil partner.
- Cohabiting partner, as long as that person lived with the deceased for at least two years before their death.
- Parents, if the deceased was a minor.
If you’d like to get a better idea of what fatal accident compensation amount you may be able to claim, please call today or contact us online.
Can I Claim Compensation For The Death Of A Family Member?
You may be wondering who can claim in the event of a wrongful death. In this section, we explain who can claim on behalf of those who died in traumatic accidents caused by a liable party’s negligence.
In the first six months following your loved one’s death, the Law Reform (Miscellaneous Provisions) Act 1934 allows for the estate to claim on behalf of the deceased for their pain and suffering. We looked at how fatal accidents compensation for pain and suffering might be awarded above.
Once the first six months have passed, the FAA allows for certain dependents to claim for the impact the death has on them. A dependant could include:
- A spouse or civil partner, either current or former.
- Someone living with the deceased as a spouse for at least two years prior to their passing.
- The parent or stepparent, or someone treated as a parent by the deceased.
- The deceased’s children, stepchildren, or anyone they treated as their children. This could include stepchildren from a previous marriage.
- Siblings, aunts and uncles or cousins.
Claims under both pieces of legislation will typically be compensated in the same settlement.
Our advisors are available to answer any questions you may have regarding claiming on behalf of a loved one. If your loved one died due to a liable party’s negligence, you can call us 24 hours a day, 7 days a week for free advice without any obligation to claim.
In What Circumstances Could I Make A Wrongful Death Claim?
A wrongful death claim could be made if a person has suffered a fatal injury due to another party breaching the duty of care they owed the deceased.
There are various instances where your loved one may have been owed a duty of care, such as:
- In the workplace – Per the Health and Safety at Work etc. Act 1974, all employers owe their employees a duty of care. Per their duty of care, they must take reasonable steps to ensure the safety of their employees whilst they are in the workplace or performing work-related duties.
- On the Road – Under the Road Traffic Act 1988, road users owe each other a duty of care. Per this duty, they must use the roads responsibly and safely to avoid causing harm to themselves or others. They must follow the rules set out for them in the Highway Code to promote road safety.
- In Public – Per the Occupier’s Liability Act 1957, any party in control of a public space owe a duty of care to members of the public. They must take all the necessary steps to ensure the reasonable safety of those using that space for its intended purposes.
- In Medical Settings – All medical professionals owe a duty of care. Per this duty, they must ensure they provide their patients with the correct standard of care.
If a relevant third party were to breach their duty of care, this could result in your loved one suffering a fatal injury, and a claim could be made. Later in this guide, we will discuss who could make a fatal accident claim.
To learn more about the eligibility requirements for claiming compensation for the death of a loved one, please read on or contact our team of advisors for help.
Do I Need Evidence To Support A Fatal Accident Compensation Claim?
If you are claiming compensation on behalf of the deceased for their wrongful death, you will need to obtain sufficient evidence that proves liability for their fatal injuries as well as the extent of their pain and suffering.
Here are a few examples of evidence that could support fatal injury claims:
- Coroner’s report or the findings of an inquest.
- If anyone witnessed the accident, you could collect contact information so witnesses can provide a statement later into the claims process.
- Video footage of the incident. For example, if the accident was captured on CCTV or a door camera.
- The deceased’s medical records. These can illustrate the nature of their injuries as well as what treatment they were given.
If you have any questions about what evidence you could gather to support a claim for a fatal accident compensation amount in the UK, please contact one of the advisors from our team.
How Legal Expert Can Help You Claim Compensation For The Death Of A Family Member
Now that we’ve discussed how much compensation for the death of a family member you might be awarded, you may want to know how a No Win No Fee solicitor could help you when claiming for a wrongful death. They’ll be able to assist with various aspects of the claims process. This includes collecting evidence and making sure all aspects of your claim are handled correctly.
Additionally, they could offer their services under a type of No Win No Fee contract known as a Conditional Fee Agreement. This typically means you can access their services but without ongoing fees or paying upfront. Furthermore, you might not be required to pay them for their services if your claim does not succeed.
If your claim is successful, your solicitor takes a success fee from your compensation. However, the Conditional Fee Agreements Order 2013 caps the percentage solicitors take from your award.
If you would like to work with one of our expert solicitors on the basis of a No Win No Fee, please don’t hesitate to get in touch. Our advisors can also assist you with any queries about fatal accidents compensation.
Contact Us
If you’re looking for a free consultation with our specialist legal advisors, you can get in touch today, anytime:
- Call us on 0800 073 8804
- Use our live chat feature on your screen
- Please fill out a contact form on our website for a callback
Thank you for reading our wrongful death compensation claims guide. We wish you luck in your pursuit of the payout that you deserve. But please get in touch with us for any further questions regarding death compensation claims.
