By Lewis Cobain. Last Updated 23rd February 2023. Welcome to our guide on who can claim compensation under the Fatal Accidents Act 1976. If your loved one was in a fatal accident due to someone else’s negligence, this guide explains the different steps you can take when making a claim.
We also look at the relationship between the Fatal Accidents Act and the bereavement award that you can claim under that piece of legislation.
You could claim compensation if you could prove your relative’s accident was due to the negligence of another party. Under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934, the family of the deceased have the ability to claim for damages.
This guide will help you figure out your next steps and how you could start a fatal accident claim.
If you want more information, you can contact us for free legal advice today. If our advisors think your claim could have a good chance of success, they could connect you with our experienced solicitors, who can help you make a claim.
You can get in touch with us by:
- Calling 0800 073 8804
- Writing to us online about your case
- Chatting with our specialist advisors using our live chat function
Continue reading for more information about claiming compensation under the Fatal Accidents Act.
Can I Claim Compensation Under The Fatal Accidents Act?
Select A Section
- Important Information About The Fatal Accidents Act
- What Legal Rights Does The Fatal Accidents Act Give You?
- The Role Of The Law Reform (Miscellaneous Provisions) Act
- Who Is Allowed To Make A Fatal Accident Claim As A Dependent?
- The Fatal Accidents Act And The Bereavement Award
- How Long Do You Have To Claim Compensation Under The Fatal Accidents Act?
- Fatal Accident Compensation Claims Calculator
- What Else Can Fatal Accident Compensation Include?
- No Win No Fee Agreements And Claims Under The Fatal Accidents Act
- Start A Fatal Accident Claim
- Further Advice On The Fatal Accidents Act
Important Information About The Fatal Accidents Act
A fatal accident can occur when someone has tragically and unexpectedly lost their life due to another person’s unlawful or negligent actions. If this happens, you could be able to claim compensation under the Fatal Accidents Act 1976.
There are a variety of circumstances in which someone could suffer from a fatal accident. It could happen whilst at work, in a road traffic accident, or even in public. For example, if your partner was in a bad car accident due to negligent driving, and they died because of it, you could be able to claim compensation from the other driver.
In the workplace, employers have a duty of care to keep all employees safe. On the roads, everyone has a duty of care towards each other. Accidents can happen when someone breaches their duty of care. You could then hold the negligent party liable if you suffer injuries as a consequence.
Unexpectedly losing someone close to you is likely to be a terrible experience, no matter what’s happened. You may not be prepared for how it can affect your mental health and finances.
In these situations, the last thing you need is a difficult legal process. That’s why our solicitors support claimants throughout the fatal accident claims process Get in touch with us today for more information.
What Legal Rights Does The Fatal Accidents Act Give You?
The Fatal Accidents Act means you can claim for the pain and suffering suffered by the deceased between the accident and their death. You can also claim for any financial loss caused by the deceased’s passing or of any integral services they may have provided.
If you’ve lost someone close to you in a fatal accident caused by negligence, you could be able to seek compensation under the Fatal Accidents Act. It covers a variety of compensation types that you could claim.
If your loved one suffered in the time between their accident and their death, you could claim against the liable party for this hardship, similar to how the deceased would have claimed if they were still alive.
To claim under the Fatal Accidents Act, you need to be a close relation to the deceased, such as a spouse, child or parent. There have also been more recent changes to the Act, which mean you can claim compensation if you were cohabiting with the deceased for at least two years prior to their death.
The executor or administrator of the will can start the action on the dependents’ behalf, but if they do not seek a claim within six months of the death, the dependents can then pursue it themselves.
The Role Of The Law Reform (Miscellaneous Provisions) Act
The Law Reform (Miscellaneous Provisions) Act is put in place to ensure that the estate can claim if a death was caused by negligence.
In this, any compensation awarded will go to the beneficiaries listed in the deceased’s will if there is such a document. If there is not, it will likely go to the next of kin.
To make a claim under the Act, a Grant of Probate is needed if there is a will. This is to confirm the authority of the executor in executing the deceased’s will. Letters of Administration will be required if there is not a will.
Under this Act, you can seek to claim for:
- General damages – This covers the injury incurred by the deceased and any mental health issues that may have arisen because of it
- Loss of earnings – In case the deceased lost earnings or income in the time between the accident and their passing
- Gratuitous care and support – If the care you gave the deceased before their passing went above and beyond
- Financial expenses – These involve expenses of the family and loved ones such as travel expenses to and from the hospital and loss of earnings while visiting the deceased
- Funeral costs – Funerals are often a large expense for loved ones to cover
- Probate costs – This covers the time and costs of applying for a Grant of Probate or Letters of Administration
Who Is Allowed To Make A Fatal Accident Claim As A Dependent?
You might wonder who can make a fatal accident claim as a dependent. Under the Fatal Accidents Act 1976, dependents can claim compensation for the loss of financial dependency stemming from a person’s death caused by negligence. Compensation that is awarded can reflect both past and future financial dependency.
The following people are classed as dependants under The Act and are potentially able to make fatal injury claims:
- A spouse or civil partner (including former partners)
- A partner who is unmarried but has lived with the deceased for over two years
- Children, including biological, adopted or anyone who was treated as their child
- Parents, grandparents and other relatives
If you have been affected by a fatal accident, check your eligibility to claim free of charge. All you need to do is get in touch and we can potentially connect you with one of our experienced solicitors.
The Fatal Accidents Act And The Bereavement Award
If a person has died in an accident because of negligence, you, as their family, may be entitled to a statutory bereavement award under the Fatal Accidents Act. This amount is currently set at £15,120. This is the same in England and Wales but is considered on a case-by-case basis in Scotland.
This can be paid to:
- The deceased’s spouse or civil partner
- The parents, if the deceased was under 18 and never married
- Just the mother if the deceased was considered ‘not a legitimate’ minor
Recent changes to the awards mean that you can also now claim if you were the deceased’s partner, cohabiting with the deceased for at least 2 years prior to their death.
How Long Do You Have To Claim Compensation Under The Fatal Accidents Act?
The general date for personal injury claims is three years from the accident. For fatal accident claims, it is three years from the date of death or the date that death was linked to being caused by another party’s negligence.
If the victim survived the accident but died within three years due to it, the time period will run from the date of death, not the date of the accident.
Should the victim have survived the accident and died because of it more than three years later but did not start a claim despite knowing about their injuries, the relatives may struggle to start a claim on their behalf post-death.
If the victim died due to medical negligence, they might not have been aware their symptoms were connected to negligence until many years after the accident. In this case, the relatives could have three years following death.
Time limits for fatal accident claims can be complicated and vary depending on different circumstances. If you’d like to know how much time you might have left to claim, why not get in touch?
Fatal Accident Compensation Claims Calculator
In this section, we will look at guidelines for compensation amounts for fatal accident claims. These figures are taken from the Judicial College Guidelines, which are used to help value personal injury claims.
The figures shown in the compensation table below relate to general damages, which is the element of compensation that covers the physical consequences of the injury.
It is important to note that the figures are guideline amounts, and each case will be valued individually according to the circumstances.
| Injury | Notes | Compensation Bracket |
|---|---|---|
| Fatality and claim add-ons | This includes compensation on behalf of the deceased for their pain and suffering, plus losses affecting their dependents, such as the loss of income. | Up to £550,000 and above. |
| Very Severe Brain Damage | Injured parties with this level of brain damage will have little to no awareness of the environment around them. The award considers any level of insight, life expectancy, their physical limitations, sensory impairments and whether they can communicate at all. | £282,010 to £403,990 |
| Quadriplegia | The award considers pain levels, life expectancy, communication ability and affect on senses. | £324,600 to £403,990 |
| Paraplegia | The award considers pain and independence levels, mental health, as well as their age and life expectancy. | £219,070 to £284,260 |
| Severe Psychological Damage | The injured party will have marked problems with personal relationships. | £54,830 to £115,730 |
| Death – Full Awareness | The injured party will have fluctuating levels of consciousness for 4-5 weeks along with intrusive treatment for physical injuries followed by death within 12 weeks. | £12,540 to £23,810 |
Try not to worry if you don’t see your loved one’s circumstances here. If you get in touch today, we can discuss your situation in further detail and consider if you could make a successful claim.
What Else Can Fatal Accident Compensation Include?
When seeking compensation under the Fatal Accidents Act, you can claim:
- A statutory bereavement award as mentioned above
- Loss of consortium
- Financial dependency
- Services dependency
Under the Law Reform (Miscellaneous Provisions) Act 1934, you can claim the compensation already mentioned in a previous section. This includes Financial expenses you suffered due to the death.
Financial Expenses
This can cover any financial losses or expenses already accumulated due to the death. This can cover:
- Loss of earnings due to having to be off work
- Travel expenses, such as to and from hospital
To claim this compensation, you will need to provide evidence of the costs you have incurred. For example, you could show invoices or payslips to show loss of earnings.
Loss of Consortium
Loss of Consortium covers a loss of ‘unquantifiable’, special services. For example, if a young child loses a parent, attaching a figure to this could be difficult. Claimants have regularly recovered awards under £10,000 when claiming under loss of Consortium.
Financial Dependency
Financial dependency covers cases where the bereaved may have been financially dependent on the deceased. This could be in the case of an elderly parent or child, for example. This will be awarded for the period of time between the date of death and the trial date for past financial loss. Then, from the trial date onwards, it would be considered future financial loss.
If the dependent is a child, the court will require evidence to demonstrate how long they would have continued to be financially dependent.
Services Dependency
Services dependency claims cover compensation for lost services the deceased would have otherwise provided. For a child who has lost a parent, they could claim for loss of basic care. Another example could be if someone lost their partner, but that partner was the household’s main cook, cleaner and gardener.
How Dependency Claims Are Calculated
Financial dependency will be evaluated on a number of factors. Salary, investments, and pensions will all be taken into account, as well as any state benefits. It will also be calculated according to the dependent’s income.
Services dependency will be calculated by looking at information about the deceased’s regular routine and how their death will impact the regular routine of the dependents.
No Win No Fee Agreements And Claims Under The Fatal Accidents Act
If your loved one has suffered a fatal accident because of a breach of duty of care, speak to one of our skilled advisors today. You could be eligible for compensation.
If our advisors connect you with one of our experienced solicitors, they may offer their services on a No Win No Fee basis. This means that in the event your claim isn’t successful, your solicitor won’t ask you to pay them.
However, in the event your claim is successful, your solicitor will deduct a legally capped ‘success fee’ from your compensation. Legally capping the fee means you can get the majority of the compensation you’re awarded.
You could speak to one of our advisors today to find out more about whether a No Win No Fee agreement could help you fund your claim. They could connect with one of our No Win No Fee solicitors.
Start A Fatal Accident Claim
You could start your claim today if a loved one was involved in a fatal accident that was the result of negligence. Also, you can hire a solicitor that is not in your local area as long as they have the requisite experience to help you. That means you’ll not be restricted to the services of solicitors in your area.
What’s more, if our solicitors are able to handle your claim, they’ll do so without any upfront or ongoing payments for their fee.
Get in touch with us today to find out more about seeking compensation under the Fatal Accidents Act. You can:
- Call us on 0800 073 8804
- Write to us online about your case
- Or chat with our specialist advisors using our live chat function
Further Advice On The Fatal Accidents Act
- Compensation Claims for Pavement Accidents – A guide to claiming compensation after a pavement accident.
- Compensation for Brain Injuries After a Serious Assault – A guide to claiming compensation after suffering from a brain injury after a serious assault.
- Claiming Compensation after an Accident on Holiday – A guide to claiming compensation after being involved in an accident on holiday.
- Royal Society for the Prevention of Accidents – This charity provides advice and guidance about reducing the risk of accidents causing injury.
- Litigation Friends – A guide on what it means to be a litigation friend for someone who cannot make a claim themselves.
- Health and Safety Executive – The website for Britain’s regulator for workplace health and safety.
- Find out how to make a tattoo negligence claim with our guide.
Thank you for reading our guide to compensation under the Fatal Accidents Act.
