Fatal Accident Claims Guide

You may be looking into fatal accident claims because a fatal injury to a loved one was caused by third-party negligence. If this is the case and you can prove this, you may be entitled to compensation. This guide will explain how you could claim, answer questions like, “who can bring a claim under the Fatal Accidents Act?” and illustrate the benefits of using a fatal accident solicitor from our panel. 

fatal accident claims

Guide to fatal accident claims

However, if you still have questions or queries after reading this fatal accident claims guide, you can contact our advisors for free legal advice at a time that suits you. They’re available 24/7, can tell if you’re eligible to claim and can even provide you with a compensation estimate in just one phone call. 

Furthermore, they can also put you through to a No Win No Fee fatal injury solicitor from our panel who could help you receive compensation. Remember: you are under no obligation to use the services of our panel if you contact us. You can do so at any time using the details below. 

  • Call us on the number at the top of the page
  • Contact us through our website
  • Write to us using the window on the right-hand side of your screen

Read on to learn more about receiving fatal accident compensation. 

Choose A Section

  1. What Is A Fatal Accident?
  2. Who Can Bring A Claim Under The Fatal Accidents Act 1976?
  3. What Is The Limitation Period In Fatal Accident Claims?
  4. Compensation Amounts In The UK For Death
  5. Fatal Accident Claims And No Win No Fee Agreements
  6. Learn More About Fatal Accident Claims

What Is A Fatal Accident?

Fatal accident claims are made after an accident has led to someone being fatally injured by third-party negligence. In England and Wales, The Fatal Accidents Act 1976 clarifies your rights regarding an accident resulting in the death of a loved one. It specifies that the third party in question could still be considered negligent in the same way they could be if the injured person hadn’t died from their injuries. 

Fatal accident claims and personal injury claims are similar in that they relate to proving third-party negligence. In both cases, you would need sufficient evidence to prove the validity of the claim. Certain third parties, such as employers, those in control of a place that’s accessible to the public or road users have a duty of care. If they break this duty of care, resulting in an injury or death, and you’re able to prove this, you could claim compensation because you’re able to show that their negligence was the cause of the accident. 

Therefore, in this way, you can receive accidental death compensation due to a loved one’s death caused by negligence. Our panel of fatal accident claims solicitors could help you receive compensation. Their expertise and experience could result in you receiving compensation. For more information, please get in touch with us using the details above at a time that works for you.   

Statistics On Fatal Accidents

fatal accident claims statistics graph

The Department for Transport provides road casualties statistics for Great Britain. In their latest figures, for the year ending June 2021, there were 1,390 fatalities reported on the road. Furthermore, there were 23,140 serious injuries and 95,320 slight injuries. In total, there were 119,850 reported casualties on the road.  

While this data doesn’t reflect the number of fatal road accident claims launched in the same time period, it’s still useful as it indicates how often fatalities on the road can happen. Therefore, if your loved one has suffered a fatal injury on the road due to another driver’s negligence, don’t assume you’re unable to make a fatal road traffic accident claim. 

The Health and Safety Executive (HSE) is a government agency that advises on workplace safety. According to HSE statistics, every year there are an estimated 13,000 deaths linked to past exposure at work in Great Britain. There are 12,000 estimated lung disease deaths related to past exposures at work too.

We can tell you quickly and simply if you’re eligible to claim compensation. You can contact us at a time that works for you using the details above. 

Who Can Bring A Claim Under The Fatal Accidents Act 1976?

An important part of understanding fatal accident claims is knowing who is eligible to claim. The Fatal Accidents Act 1976 clarifies this. It states that the following people could potentially claim: 

  • The husband or wife, or former husband or wife
  • A civil partner or former civil partner
  • Anyone who was living in the same household as the deceased immediately before their death, had been doing so for at least two years before that date and lived during the whole of that period as the husband or wife/civil partner
  • Any parent or ascendant of the deceased
  • Anyone who was treated by the deceased as their parent
  • Children of the deceased or any descendant. This includes anyone who was treated as a child of the deceased due to the marriage they were involved in.  
  • Anyone who is a brother, sister, aunt or uncle of the deceased. 

What Is The Limitation Period In Fatal Accident Claims?

You may want to know more about the limitation period in fatal accident claims. In England and Wales, the Limitation Act 1980 clarifies this. The limitation period is the time limit in which you could potentially claim. 

For fatal accident claims, this period is generally three years from the date of death. This means that to make a fatal accident claim for damages, you may need to have begun claims proceedings within three years of the accident if the death occurred that same day. 

Compensation Amounts In The UK For Death

The amount of compensation you could receive from fatal accident claims depends on many aspects. This first section will illustrate what you could receive from making a fatal accident compensation claim due to third-party negligence. Work from the Judicial College can better indicate the amount you could receive for the deceased person’s pain and suffering. 

They analyse previous payouts, relating them to the context of the person’s death, to create compensation brackets, which you can see below. In a general sense, if the injured person’s death is seen as more painful and traumatising, you may receive more compensation because of it. However, it’s important to remember that this is only an indication of what you could receive, as every claim is unique. 

Injury TypeCompensation AmountDescription
Fatal£11,770 to £22,350This bracket is for if the injured person experiences full awareness before their death, which takes between a couple of weeks to three months. This could include, for example, severe burns and lung damage leading to intrusive treatment and fluctuating levels of consciousness for between four to five weeks.
Fatal£9,870 to £10,010This bracket is for injuries that cause excruciating pain followed by unconsciousness after three hours. Furthermore, death takes place after 2 weeks.
Fatal£3,530 to £4,120This bracket is for immediate unconsciousness suffered immediately after the injury with death occurring after six weeks.
Fatal£1,290 to £2,620This bracket is for immediate unconsciousness, or unconsciousness following shortly after the injury, with death occurring within one week.
Mental Anguish£4,380This bracket is for mental anguish as a result of the injured person's fear of their impending death.

Can I Get A Bereavement Award?

There are different types of compensation for fatal accident claims. You could receive a bereavement award of £15,120 as described through the Fatal Accidents Act 1976. However, you can only receive this bereavement award if:

  • You were the wife, husband or civil partner of the deceased. 
  • You were the cohabiting partner of the deceased. This is someone who was either living with the deceased immediately prior to the date of death, for at least two years before that date and living during that whole period as their wife, husband or civil partner. 

Furthermore, you can also claim if the deceased did not marry or have a civil partner and was a minor. If this is the case, for a legitimate son or daughter, the parents can claim. If the deceased is an illegitimate son or daughter, only the mother can claim this. 

Can I Make A Dependency Claim Under The Fatal Accidents Act?

Additionally, you can make fatal accident claims due to how dependent you were on the fatally injured person. You could, for instance, make a dependency claim because of the loss of earnings caused by their death. You can also potentially claim for issues like:

  • Absence of care. For example, you may have relied on the injured person to look after you. Their absence could result in you needing to hire professional care, such as a nurse.  
  • Absence of financial support. For instance, as a son or daughter, you could rely on money from your parents to help with university fees and expenses. 
  • Being unable to pay household bills. You could accrue debt because the deceased person is no longer there to help you pay the amounts owed every month. Furthermore, you could also suffer charges due to being unable to pay through no fault of your own. 

Fatal Accident Claims And No Win No Fee Agreements

You may be wondering about the advantages of using the services of No Win No Fee solicitors from our panel when making fatal accident claims. Advantages of their help include: 

  • Not paying your solicitor’s fee throughout the claims process or upfront. 
  • Not having to pay your solicitor’s fee until a settlement has been agreed upon. This fee is a small, legally capped portion that comes out of your compensation. 
  • No hidden fees or costs. The solicitor will clarify the costs of making a fatal accident compensation claim upfront before you agree to use their services. 

This guide has answered such questions as, “Due to the Fatal Accidents Act, who can claim?” However, you may still have questions or queries about the different types of claims you can make. If you do, please contact our advisors for free legal advice. They’re available 24/7 and can tell you if you’re eligible to claim in one phone call. You’re under no obligation to use our services should you contact us. 

Furthermore, they can also put you through to a solicitor from our panel who has years of experience dealing with fatal accident claims. They can help build your case and work with you on a No Win No Fee basis. Contact us at a time that works for you using the details below. 

  • Call us on the number at the top of the page
  • Contact us through our website
  • Write to us using the window on the right-hand side of your screen

Learn More About Fatal Accident Claims

To learn more about fatal accident claims, please use the links below. 

The Health and Safety Executive (HSE) provide work-related fatal injury statistics for Great Britain. Please refer to their website to learn more. 

If you would like to complain to the NHS because you or a loved one has been mistreated, visit their website. 

More road traffic accident statistics can be found on the Department for Transport’s website.

We also have a bunch of guides on personal injury claims which you can read below:

If you want to know more about making fatal accident claims, please contact our advisors at a time that works for you.