The death of a loved one following an accident is, of course, a deeply distressing time. That’s why we have created this fatal accident compensation claims FAQ guide to provide answers to some common questions regarding the claims process.

Fatal accident claims can be made against a third party if they are responsible for a death. This means such a claim could be made following a death at work, in a public place or on the roads. We cover the duty of care owed by the third party in each of these scenarios, and how a fatality could occur if this duty is not upheld.

Included in this guide is an explanation of the financial losses you could claim as someone financially dependent on the deceased or what can be claimed for by the estate. The final section is concerned with how our panel of fatal accident solicitors could support you when making a claim. In particular, we focus on the benefits to potential claimants when they begin their claim under the No Win No Fee contract our panel of expert solicitors can offer.

This FAQ guide is quite detailed and covers a lot of different topics. If you have questions after reading our guide, do not hesitate to get in touch. Our dedicated advisory team can also assess your eligibility to claim for free. Get in touch today using the contact information provided here:

• Call us on 0330 043 3679.
• You can also contact us through our website.
• Use our web chat at the bottom of your screen.

Browse Our Guide

1. What Types Of Accidents Could Lead To Fatal Accident Compensation Claims?
2. When Can You Make A Dependency Claim?
3. When Could You Receive The Statutory Bereavement Award?
4. Can You Claim For Funeral Expenses?
5. Is There A Coroner’s Inquest After A Fatal Accident?
6. What Is The Time Limit For Fatal Accident Compensation Claims?
7. What Are The Advantages Of Using A No Win No Fee Solicitor?
8. Read More About How To Claim Fatal Accident Compensation 

What Types Of Accidents Could Lead To Fatal Accident Compensation Claims?

You could be able to make a fatal accident compensation claim for wrongful death as a dependent or the estate of the deceased if you can show that their death was the result of third-party negligence. What this means is a third party owed the deceased a duty of care at the time of the accident, and the failure to uphold this duty caused a fatal accident.

Fatal accident compensation claims could be made after different types of accidents. We have included some examples of fatal accidents where third-party negligence has caused a death below:

Accidents At Work

Employers are required to take reasonable steps to ensure the safety of their workers as set out by the Health and Safety At Work etc. Act 1974. This involves conducting a thorough risk assessment and then taking steps to remove or reduce those risks as far as possible.

As an example of a fatal accident on a construction site, the contractor failed to carry out inspections of the newly installed catwalk guardrails in a warehouse. A lighting engineer was on the catwalk installing some wiring. As he stepped back to pick up different tools, he reached out to steady himself on the guardrail. The rail gave way, and the worker fell to the ground, fatally breaking his neck.

Road Traffic Accidents

All road users are required to adhere to the rules set out by both the Highway Code and Road Traffic Act 1988. Road users owe a duty of care to each other to do everything they reasonably can to prevent the experience of harm.

An example of when a fatal accident compensation claim could be made is when an HGV driver who was well beyond his driving hours limit failed to stop at a red light. This resulted in a t-bone collision with the driver’s side of a car. The driver of the car was killed in this fatal car accident.

Accidents In A Public Place 

The party in control of a public place, referred to as the occupier, is required to take steps to ensure the reasonable safety of all visitors to the premises. This duty was established by the Occupiers’ Liability Act 1957.

While this duty can be satisfied in various ways, it can include ensuring safety rails are routinely inspected for signs of wear and ensuring electrical supplies are safe and up to standard.

An example of a fatal accident occurring due to an occupier failing to uphold their legal duty of care would be a business owner not scheduling the electrical safety inspection. A customer suffered a fatal electric shock when using a light switch due to faulty wiring.

Medical Misdiagnosis

All healthcare professionals, in both the public and private sectors, owe a duty of care to their patients. This means they must provide care that meets the correct standard.

If a medical professional were to breach their duty of care, a patient could suffer harm that could have been avoided. As an example, a medical professional fails to listen to the symptoms that the patient is describing and incorrectly diagnoses a patient with IBS. However, the patient was showing clear symptoms of appendicitis. Due to the delayed diagnosis, the patient’s appendix later bursts, and the patient dies. The medical professional failed to provide the correct standard of care by not listening to the patient and taking their concerns seriously.

There are many other circumstances in which a fatal accident could occur. This section is intended to provide an overview of the duties of care only.

For further advice on the circumstances where fatal injury claims could be made, call our advisors using the number provided above. In addition to further guidance, our team can assess your eligibility to claim for free.

When Can You Make A Dependency Claim?

Fatal accident compensation claims for the death of a loved one can be made by the estate and the dependents of the deceased.

As per the Law Reform Miscellaneous Provisions Act 1934, only the estate can make a claim in the first six months after death. The estate of the deceased may begin a claim for the deceased’s pain and suffering, plus their financial losses prior to their death, and make a claim on behalf of the dependants. If no claim is made by the estate within the first 6 months, then the dependants can begin their own claim for the impact the death has had on them. However, they cannot claim for the death itself that is only something the estate can do. 

Qualifying dependents are established by the Fatal Accidents Act 1976. 

Qualifying dependents under the 1976 Act include:

• The children or step-children of the deceased, including those from previous marriages, civil partnerships, or if they had a parent-child relationship with the deceased.
• Ascendants of the deceased, such as their parents, or those they treated as parents.
• An individual who cohabited with the deceased as their partner for at least two years prior to their death.
• Any person who is a brother, sister, uncle or aunt of the deceased.

What Financial Losses Could A Dependant Claim For?

This section examines the financial losses that a dependant could receive payment for following a successful fatal accident claim. This is not an exhaustive list, but some examples include:

• Financial dependency: This is payment for the loss of future earnings if the family were dependent on the deceased’s salary. The loss of their salary can have a significant impact on joint family income.
• Loss of services: This refers to the loss of the deceased’s unpaid labour. This can include things such as childcare, DIY and other domestic tasks. 
• Loss of consortium: Also referred to as loss of a special person, this is a payment for losses that cannot be quantified elsewhere. It covers the loss of companionship and the impact on familial relationships.

Our advisory team are available 24 hours a day to address any questions you may have regarding the fatal accident claims process. They can also assess your eligibility to claim compensation for your loved one’s death. Speak to an advisor today via the contact details provided above.

When Could You Receive The Statutory Bereavement Award?

The statutory bereavement award is a lump sum of £15,120 that can be paid to certain relatives. The award is split across multiple people if more than one person claims for this. The eligible relatives are:

• A spouse or civil partner.
• Someone who cohabited with the deceased as their spouse for at least two years before their death.
• The parents of an unmarried minor, or the mother of an unmarried minor if the parents are unmarried.

To learn more about who can receive the statutory bereavement award, contact our advisors using the details provided below.

Can You Claim For Funeral Expenses?

Funeral expenses could form part of your compensation award. Funeral expenses are just some of the financial losses that could be compensated following a successful claim.

To learn more about claiming funeral expenses, or to find out more about the fatal accident compensation claims process, contact our advisory team today.

Is There A Coroner’s Inquest After A Fatal Accident?

In certain cases, a coroner’s inquest into the death could be ordered. This is an investigation to establish how a person was fatally injured. This report can be vital in demonstrating whether or not the death was caused by negligence.

A fatal accident will be the subject of a coroner’s inquest. An inquest will be ordered if the cause of death is unknown, or the person died an unnatural or violent death. To learn more about when a coroner’s inquest is used following a fatal accident, or find out if you could make a claim by speaking to our advisors. Talk to a team member today using the contact information provided below.

What Is The Time Limit For Fatal Accident Compensation Claims?

Typically, fatal accident compensation claims need to be started within 3 years of the date of death. However, this time limit can also start from the date that it was confirmed the death was caused by third-party negligence, such as when the Coroner’s inquest is complete. 

Our advisors are able to offer further advice on the time limits in fatal accident claims, as well as a free assessment of your eligibility to begin a fatal injury claim. You can talk to a member of the team using the contact details given below.

What Are The Advantages Of Using A No Win No Fee Solicitor?

While it is not legally required that claimants make use of solicitors during fatal accident compensation claims. There are advantages to doing so. You will benefit from the solicitor’s knowledge and experience. And they can ensure your claim has ample evidence and is made within the relevant time limit.

To find out if you are eligible to claim as a dependent or the estate of the deceased following a fatal accident, talk to one of our friendly and dedicated advisors. Our team can provide free advice, talk you through the fatal accident claims process and assess your eligibility to begin a claim.

If it is decided you have a valid claim, one of the highly experienced solicitors from our panel of fatal accident experts could offer their services under a Conditional Fee Agreement. Referred to as a CFA, this No Win No Fee contract gives claimants considerable protections when they instruct a solicitor to represent them under such terms, including:

• No upfront fee for the solicitor to start working on the case.
• No fees for this work during the claim itself.
• No fee to pay should the claim be unsuccessful

Should the solicitor win the case, you will receive a compensation payout. A pre-agreed percentage of this will be taken by the solicitor as their success fee. Since solicitor’s success fees are capped by The Conditional Fee Agreements Order 2013 at 25%, you will receive the majority of the awarded compensation. 

Contact Us About Fatal Accident Compensation Claims

We appreciate this FAQ guide contains a lot of information. If any questions have come up when reading this guide, you can put them to our advisory team. Advisors can also provide a free, zero obligation assessment of your eligibility to begin a claim. Get in touch today using the contact information provided here:

• Call us on 0330 043 3679.
• Contact us by completing our form here.
• Use our web chat at the bottom of your screen.

Read More About How To Claim Fatal Accident Compensation

You can read some more of our serious injury and fatal accident claims guides by following these links:

• This guide provides further information on how to make fatal compensation claims for a motorcycle accident and how compensation is calculated.
• You may be eligible to begin a fatal car accident claim on behalf of a loved one. Read this guide for more information
• Serious accidents can have potentially fatal consequences. Learn more about making serious injury claims in a variety of circumstances with this guide.

We have also included some external resources for additional information:

• You can read more about the support for grief after bereavement or loss on the NHS website.
• The Government has prepared this guidance on what to do when someone dies. Click here for a step by step breakdown of the process.
• See the latest work-related fatal injury statistics from the Health and Safety Executive (HSE) on their website.

Thank you for taking the time to read our fatal accident compensation claims FAQs. You get free advice at any time by speaking to our advisors. In addition to answering your questions, the team can provide a free assessment of your eligibility to claim. Talk to us today using the contact information given above.