Charlotte Rankin
Senior Associate Solicitor, Serious Injury Claims
English
We know that losing a loved one in a fatal accident can be extremely devastating and you may feel like your life has been put on hold. You might find you don’t have much headspace to think about your finances or the legal side of things – if you were partly dependent on your loved one’s income or you’re struggling to carry on after your loss, you might not know where to start. We can provide legal advice and support if your loved one has died following a fatal accident. Our Fatal Accident Claims Solicitors have helped many people in your position. We know you’re grieving. You can trust us to be sensitive and compassionate and help you with every aspect of the claims process.
When you’re ready to talk, we’re ready to listen. We offer a free consultation and could help you make a compensation claim on a No Win, No Fee basis. This can ease your financial stress, as you won’t have to pay anything upfront, and won’t pay us a penny unless we secure you compensation. To find out more, simply get in touch with us today or request a callback, and we’ll talk you through your options.
A fatal accident claim is a compensation claim made after a loved one has died due to another person’s or organisation’s negligence.
The ability to claim fatal accident compensation is set out in:
· The Fatal Accidents Act 1976; and
· The Law Reform (Miscellaneous Provisions) Act 1934.
Those who may be entitled to make a claim include spouses, civil partners, cohabiting partners, parents, children, and siblings.
However the law on this is very complex, so it can be confusing to know whether you are eligible to make a claim, and what compensation you’re entitled to. We highly recommend that you speak to one of our fatal accident compensation lawyers, who can advise you and your family on the next steps.
Some deaths following fatal accidents are reported to a Coroner, who may decide to hold an inquest. The Coroner’s job it is to establish the facts surrounding your loved one’s death. This is completely separate from any criminal investigation or compensation claim. We can liaise with the Coroner on your behalf and if there is an inquest hearing, we can represent you.
Compensation claims can be made if a loved one dies because of negligence relating to:
· A workplace accident.
· An accident in a public place.
The above list is not exhaustive If you have any questions regarding whether you may have a claim, please call us. Our compassionate team will give you all the guidance you need.
The Fatal Accidents Act 1976 allows dependents of a person who has died due to negligence to claim compensation.
. The types of compensation that can be claimed under the Act include:
Compensation can help you cover costs in the long and short term, and can help you find closure after your loved one’s accident. In the short term, compensation can help you recuperate funeral costs and in the long term, it can provide ongoing financial support and help you live the most fulfilling life you can, knowing that it’s what your loved one would have wanted.
If your loved one had a Will, the Executors can bring a claim on the behalf of the Estate for the benefit of the Beneficiaries. These claims are brought under the Law Reform (Miscellaneous Provisions) Act 1934.
The Estate can claim for:
· General damages – this is for the pain, suffering, and loss of comfort and enjoyment of life from the date of injury up until death.
· Special damages – claims for past losses and expenses incurred by the deceased due to the negligence such as loss of earnings, medical expenses, care costs, and funeral costs. These losses are also calculated from the date of the injury up to death.
This is a compensation award to reflect the special unquantifiable services you have lost due to your loved one’s death. Examples include the loss of a spouse or parent. Awards for loss of consortium normally average under £10,000.
People who have lost a loved one as a result of a negligent act or omission, including a fatal accident, can make a bereavement claim for statutory bereavement damages.
Under the Fatal Accidents Act 1976, you can receive a lump sum of £15,120 to compensate you for bereavement.
While this sum will not compensate for the fact that you have lost your loved one in such tragic circumstances, it is – by its nature – designed to consider the emotional trauma following a fatal accident.
Currently, the people who can claim for a bereavement damages award are:
We are here to make sure your personal injury compensation can reflect the support you and your family truly need and we can take your individual situation into account, doing our utmost to ensure you are not negatively impacted financially following your loved one’s death.
We know that losing a loved one to a fatal accident is one of the most devastating things that can happen to you, and no amount of money can account for the loss you have experienced. However, we can help you take steps to ensure you don’t suffer any additional financial losses by falling on hard times after the death of your loved one.
Depending on the type of accident and level of negligence, compensation can range from a few thousand pounds to six figure awards.
People who were ‘financially dependent’ on the deceased can make a dependency claim under the Fatal Accidents Act 1976. Dependants can include the following:
· The husband or wife of the deceased
· In limited circumstances, a former spouse of the deceased
· A partner of the deceased (who had been living with the deceased for at least two years immediately prior to death)
· A child of the deceased
· A parent of the deceased
· A brother, sister, aunt, uncle, niece, nephew or cousin of the deceased
· Any other person who was considered by the deceased as a child of the family
We know the last thing you should have to deal with is financial stress after a loved one’s death. We’ll do everything we can to get you compensation so you don’t have to worry about finding money to pay bills and living expenses..
If you’re claiming under the Fatal Accidents Act 1976, you can claim for the following:
· Statutory Bereavement Award – see above.
· Funeral expenses – this would include the headstone and the flowers but not the wake or a memorial.
· Dependence for Financial Support - If you were financially dependent on the deceased, you may be able to claim for compensation. You’re eligible to claim on dependency grounds if you’re the surviving spouse or civil partner of the person who has died, or if you’ve lived with them for at least two years. Under 18s and young adults (such as students) who depended on the deceased person’s financial support may also claim on this basis.
· Loss of Intangible Benefits - The financial impact of a loved one’s sudden death is rarely the main focus of those left behind. As you adjust to life without the person who has died, you’ll also be coming to terms with living without what the law describes as “intangible benefits”, such as the personal attention and affection they offered. While these cannot strictly be calculated in monetary terms, the loss of intangible benefits can still be considered when a fatal accident compensation settlement is being worked out.
· Dependency for Services - If the deceased person performed many vital tasks at home, such as domestic chores and general home maintenance, you may be left with lots of additional pressures and burdens. This can be considered in the settlement calculation.
Our team will consider every part of a fatal accident compensation claim and make certain everything you are entitled to is included in the calculation.
Yes, a compensation settlement can help you cover immediate expenses such as funeral costs and general living expenses if you were financially dependent on the person who has died.
As well as paying for immediate costs such as funeral expenses, fatal accident compensation can help you pay your expenses while you put your life back together following your loved one’s death. By claiming compensation, you can give you and your family the time needed to grieve, without having to worry about how to pay your bills.
You have three years from the date of your loved one’s death in which to make a fatal accident claim, or three years from the date you became aware that their death was linked to a particular accident or industrial disease.
In some cases, the Claimant can die while in the middle of making a personal injury claim. If this happens, the three year time limit begins again from the date of death.
People are often afraid to bring fatal accident claims for fear of having to go to court. Rest assured, in most cases, your claim will be settled outside of court. And if your claim does go to court, we will fully support you and keep you updated as to the progress of your case.
Although all cases are different, a typical claim will run as follows:
During the free initial consultation, one of our specialist Solicitors will meet with you and listen to your case. We will then talk you through how we can help and support you to get the resolution you deserve. This part of the process is free and obligation-free, as well as being informal.
Providing You with a Network of Support
We’ll put you in touch with people and organisations who can provide extra support during the claims process. There is no obligation to use these services, but if you need additional help, we can point you in the right direction.
Applying for Any Early Payments You Might Need
Our team will try and get the other side to make interim payments to help you deal with any immediate costs you need to pay before your final settlement is awarded.
Negotiating your Compensation
In most fatal accident cases, a settlement will be reached and agreed on by both parties without anyone going to Court. Our Fatal Accident Solicitors have vast experience in calculating fair financial compensation and we’re excellent negotiators.
You can rely on us to take care of the claims process for you so you can focus on caring for yourself and, if applicable, your children, during this difficult time.
Yes. This means you won’t pay any money upfront for your legal fees but you will have to pay for additional costs, known as Disbursements. This can include things like Court fees or expert reports fees. Disbursements can be covered by an insurance product called After the Event Insurance which would cover these costs for you. Your case handler will provide more detail about this.
You’ll sign a Conditional Fee Agreement or a Damages Based Agreement that says if you lose your case, you won’t pay our legal costs. If you win your case, the other side will pay for a proportion of our legal costs, but you may have to pay for some of these yourself from your damages. This is usually capped at a percentage agreed in advance.
Suffering the death of a loved one through an accident is life-changing experience. Getting in touch with us in order to claim compensation can help you get answers and start rebuilding your life.
You can trust that when you talk to our Fatal Accident Solicitors, they will listen with sensitivity and compassion. Our experience and reputation mean we have developed connections with many agencies and support services that can help you and your family if your life has been turned upside down due to a loved one’s death in a fatal accident that wasn’t their fault.
We know that pursuing financial compensation may not be your priority following the death of your loved one. But bringing a compensation claim can provide answers as to how and why they died.
We also have the objectivity needed to put together a strong and effective case.
The case will be based on evidence including:
· Photos and videos of the accident scene.
· Police statements.
· Witness statements.
· Coroner’s reports.
· Medical reports and documents.
· Relevant financial documents, such as pay slips and receipts.
It depends on the complexity of your claim and whether the other side admits liability early. Generally, fatal accident claims take between 12-24 months to resolve.
Dependants cannot claim for psychological injury under the Fatal Accidents Act 1976. You can make such a claim if you witnessed the wrongful death or injury of someone you love but these types of claims are extremely difficult to win as the Court will only award compensation in very limited circumstances.
You can still claim compensation; however, the deceased’s contributory negligence will be considered when the compensation award is calculated.
Yes, we can help you apply to the court to act as a Litigation Friend of a child or someone who is mentally incapacitated.
When it comes to dependency claims, the amount you’ll receive is fixed at what you probably would have received as a benefit from the deceased had they not died. Any change in your financial situation after the date of death and the decisions you subsequently make will not be considered when calculating the compensation amount.
If you’re awarded compensation, it will be paid into your bank account. If you are claiming on behalf of someone who is incapacitated (for example, they were involved in the accident that killed the deceased and suffered severe brain damage) we can advise you on setting up a Personal Injury Trust on their behalf to ensure their access to public benefits are not affected.
We know that losing a loved one in a fatal accident can be extremely devastating and you may feel like your life has been put on hold. You might find you don’t have much headspace to think about your finances or the legal side of things – if you were partly dependent on your loved one’s income or you’re struggling to carry on after your loss, you might not know where to start. We can provide legal advice and support if your loved one has died following a fatal accident. Our Fatal Accident Claims Solicitors have helped many people in your position. We know you’re grieving. You can trust us to be sensitive and compassionate and help you with every aspect of the claims process.
When you’re ready to talk, we’re ready to listen. We offer a free consultation and could help you make a compensation claim on a No Win, No Fee basis. This can ease your financial stress, as you won’t have to pay anything upfront, and won’t pay us a penny unless we secure you compensation. To find out more, simply get in touch with us today or request a callback, and we’ll talk you through your options.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 3227
We're rated‘Excellent’
A fatal accident claim is a compensation claim made after a loved one has died due to another person’s or organisation’s negligence.
The ability to claim fatal accident compensation is set out in:
Those who may be entitled to make a claim include spouses, civil partners, cohabiting partners, parents, children, and siblings.
However the law on this is very complex, so it can be confusing to know whether you are eligible to make a claim, and what compensation you’re entitled to. We highly recommend that you speak to one of our fatal accident compensation lawyers, who can advise you and your family on the next steps.
Some deaths following fatal accidents are reported to a Coroner, who may decide to hold an inquest. The Coroner’s job it is to establish the facts surrounding your loved one’s death. This is completely separate from any criminal investigation or compensation claim. We can liaise with the Coroner on your behalf and if there is an inquest hearing, we can represent you.
Compensation claims can be made if a loved one dies because of negligence relating to:
The above list is not exhaustive If you have any questions regarding whether you may have a claim, please call us. Our compassionate team will give you all the guidance you need.
The Fatal Accidents Act 1976 allows dependents of a person who has died due to negligence to claim compensation.
. The types of compensation that can be claimed under the Act include:
Compensation can help you cover costs in the long and short term, and can help you find closure after your loved one’s accident. In the short term, compensation can help you recuperate funeral costs and in the long term, it can provide ongoing financial support and help you live the most fulfilling life you can, knowing that it’s what your loved one would have wanted.
If your loved one had a Will, the Executors can bring a claim on the behalf of the Estate for the benefit of the Beneficiaries. These claims are brought under the Law Reform (Miscellaneous Provisions) Act 1934.
The Estate can claim for:
We're rated‘Excellent’This is a compensation award to reflect the special unquantifiable services you have lost due to your loved one’s death. Examples include the loss of a spouse or parent. Awards for loss of consortium normally average under £10,000.
People who have lost a loved one as a result of a negligent act or omission, including a fatal accident, can make a bereavement claim for statutory bereavement damages.
Under the Fatal Accidents Act 1976, you can receive a lump sum of £15,120 to compensate you for bereavement.
While this sum will not compensate for the fact that you have lost your loved one in such tragic circumstances, it is – by its nature – designed to consider the emotional trauma following a fatal accident.
Currently, the people who can claim for a bereavement damages award are:
We are here to make sure your personal injury compensation can reflect the support you and your family truly need and we can take your individual situation into account, doing our utmost to ensure you are not negatively impacted financially following your loved one’s death.
We know that losing a loved one to a fatal accident is one of the most devastating things that can happen to you, and no amount of money can account for the loss you have experienced. However, we can help you take steps to ensure you don’t suffer any additional financial losses by falling on hard times after the death of your loved one.
Depending on the type of accident and level of negligence, compensation can range from a few thousand pounds to six figure awards.
People who were ‘financially dependent’ on the deceased can make a dependency claim under the Fatal Accidents Act 1976. Dependants can include the following:
We know the last thing you should have to deal with is financial stress after a loved one’s death. We’ll do everything we can to get you compensation so you don’t have to worry about finding money to pay bills and living expenses.
We're rated‘Excellent’If you’re claiming under the Fatal Accidents Act 1976, you can claim for the following:
Our team will consider every part of a fatal accident compensation claim and make certain everything you are entitled to is included in the calculation.
Yes, a compensation settlement can help you cover immediate expenses such as funeral costs and general living expenses if you were financially dependent on the person who has died.
As well as paying for immediate costs such as funeral expenses, fatal accident compensation can help you pay your expenses while you put your life back together following your loved one’s death. By claiming compensation, you can give you and your family the time needed to grieve, without having to worry about how to pay your bills.
You have three years from the date of your loved one’s death in which to make a fatal accident claim, or three years from the date you became aware that their death was linked to a particular accident or industrial disease.
In some cases, the Claimant can die while in the middle of making a personal injury claim. If this happens, the three year time limit begins again from the date of death.
We're rated‘Excellent’People are often afraid to bring fatal accident claims for fear of having to go to court. Rest assured, in most cases, your claim will be settled outside of court. And if your claim does go to court, we will fully support you and keep you updated as to the progress of your case.
Although all cases are different, a typical claim will run as follows:
The Free Initial Consultation
During the free initial consultation, one of our specialist Solicitors will meet with you and listen to your case. We will then talk you through how we can help and support you to get the resolution you deserve. This part of the process is free and obligation-free, as well as being informal.
Providing You with a Network of Support
We’ll put you in touch with people and organisations who can provide extra support during the claims process. There is no obligation to use these services, but if you need additional help, we can point you in the right direction.
Applying for Any Early Payments You Might Need
Our team will try and get the other side to make interim payments to help you deal with any immediate costs you need to pay before your final settlement is awarded.
Negotiating your Compensation
In most fatal accident cases, a settlement will be reached and agreed on by both parties without anyone going to Court. Our Fatal Accident Solicitors have vast experience in calculating fair financial compensation and we’re excellent negotiators.
You can rely on us to take care of the claims process for you so you can focus on caring for yourself and, if applicable, your children, during this difficult time.
Yes. This means you won’t pay any money upfront for your legal fees but you will have to pay for additional costs, known as Disbursements. This can include things like Court fees or expert reports fees. Disbursements can be covered by an insurance product called After the Event Insurance which would cover these costs for you. Your case handler will provide more detail about this.
You’ll sign a Conditional Fee Agreement or a Damages Based Agreement that says if you lose your case, you won’t pay our legal costs. If you win your case, the other side will pay for a proportion of our legal costs, but you may have to pay for some of these yourself from your damages. This is usually capped at a percentage agreed in advance.
In the UK, many people decide to claim compensation after being injured due to an accident which was someone else’s fault. In law, this is called a Personal Injury Claim. The most common of these accidents include road traffic accidents and accidents at work.
Yes. Sports clubs are responsible for making sure that any visitors to their premises are reasonably safe, and the club also has a duty of care to its employees. That means anyone either visiting or working at a sports club could claim compensation if they’re injured and believe it’s because the sports club was negligent in some way.
Horse riding is a popular hobby and sport but accidents can happen, no matter how experienced of a rider you are. While many situations can be out of your control, if you’re seriously injured in a horse riding accident, and it could have been prevented by someone responsible for your safety, we could help you claim compensation.
Suffering the death of a loved one through an accident is life-changing experience. Getting in touch with us in order to claim compensation can help you get answers and start rebuilding your life.
You can trust that when you talk to our Fatal Accident Solicitors, they will listen with sensitivity and compassion. Our experience and reputation mean we have developed connections with many agencies and support services that can help you and your family if your life has been turned upside down due to a loved one’s death in a fatal accident that wasn’t their fault.
We know that pursuing financial compensation may not be your priority following the death of your loved one. But bringing a compensation claim can provide answers as to how and why they died.
We also have the objectivity needed to put together a strong and effective case.
The case will be based on evidence including:
It depends on the complexity of your claim and whether the other side admits liability early. Generally, fatal accident claims take between 12-24 months to resolve.
Dependants cannot claim for psychological injury under the Fatal Accidents Act 1976. You can make such a claim if you witnessed the wrongful death or injury of someone you love but these types of claims are extremely difficult to win as the Court will only award compensation in very limited circumstances.
You can still claim compensation; however, the deceased’s contributory negligence will be considered when the compensation award is calculated.
Yes, we can help you apply to the court to act as a Litigation Friend of a child or someone who is mentally incapacitated.
When it comes to dependency claims, the amount you’ll receive is fixed at what you probably would have received as a benefit from the deceased had they not died. Any change in your financial situation after the date of death and the decisions you subsequently make will not be considered when calculating the compensation amount.
If you’re awarded compensation, it will be paid into your bank account. If you are claiming on behalf of someone who is incapacitated (for example, they were involved in the accident that killed the deceased and suffered severe brain damage) we can advise you on setting up a Personal Injury Trust on their behalf to ensure their access to public benefits are not affected.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 3227
