The Fatal Accidents Act Explained

Fatal Accidents Act

The Fatal Accidents Act Explained

The Fatal Accidents Act 1976 allows dependents to be able to pursue a claim for how they have been affected after a loved one has passed away in a fatal accident caused by a liable party.

In this guide, we will provide you with information on what the Fatal Accidents Act is and how this relates to your ability to claim compensation after the death of a loved one. Additionally, we will discuss what compensation could be claimed in a fatal accident claim.

However, if you would prefer to speak with someone personally about a claim, you can contact our friendly advisors. Our team of advisors are available 7 days a week to answer your questions and provide you with free legal advice.

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Select A Section

  1. What Does The Fatal Accidents Act 1976 Do?
  2. What Bereavement Damages Could You Claim?
  3. Who Can Claim Under The Fatal Accidents Act 1976?
  4. How Do You Prove Your Claim?
  5. What Can Be Claimed Under the Law Reform (Miscellaneous Provisions) Act 1934?
  6. Make A No Win No Fee Claim For A Fatal Accident

What Does The Fatal Accidents Act 1976 Do? 

The Fatal Accidents Act 1976 allows certain qualifying relatives of a person killed by negligence to claim against those who are liable for the death. It allows relatives to claim compensation for the impact the death had on them and their lives.

Additionally, it sets out which certain qualifying relatives can claim, known as dependents. We will explore who qualifies as a dependent later in this guide.

However, it will usually be the deceased’s estate that will claim for any pain and suffering the deceased went through before they died. A dependent can claim for how the death has impacted them if the deceased’s estate hasn’t made a claim on their behalf within 6 months of the deceased’s death.

For further information on fatal accident compensation claims, contact our advisors.

What Bereavement Damages Could You Claim? 

Under the Fatal Accidents Act 1976, certain relatives of the deceased can make a claim for a Bereavement Award. The current amount is set out in Section 1A as a lump sum of £15,120 and compensates for the bereavement caused by the deceased’s death.

Who Could Claim A Bereavement Award?

Certain qualifying relatives can claim for the Bereavement Award of £15,120 for the bereavement caused by the person’s death. The people who qualify for this are:

Civil partner, husband or wife.
Someone who lived with the deceased for 2 years prior to their death as a spouse.
If the deceased was a minor, a parent could be awarded a Bereavement Award.

However, it is important to note that if multiple people claim for the Bearvement Award, the total amount will be split between them.

Speak with our advisors for further information on the Bereavement Award stated in the Fatal Accidents Act 1976.

Contact our advisors today for further guidance regarding a fatal accident claim.

Who Can Claim Under The Fatal Accidents Act 1976?

As we have previously stated, only certain relatives can claim for how the deceased’s death has impacted them in a fatal accident claim. These people are known as dependents. The Fatal Accidents Act 1976 states that the following people are considered dependents:

  • A spouse, i.e. wife, husband or civil partner.
  • Someone who lived with the deceased prior to their death as a spouse for 2 years.
  • A parent or someone who was treated as their parent.
  • A child or someone who was treated as their child, including any stepchildren.
  • The siblings, aunts, uncles, nieces, nephews or cousins.

Call one of our advisors today for more information on dependents in a fatal accident claim.

How Do You Prove Your Claim?

The following points will need to be proved to be eligible to pursue a fatal accident claim.

  1. The deceased was owed a duty of care. – If the deceased suffered a fatal accident at work, in a road traffic accident, in a public place or due to medical negligence, they were owed a duty of care.
  2. This duty of care was breached.
  3. As a result of this, the person died in a fatal accident.

Additionally, the claim must be started within the relevant time limits. These are:

  • Within 3 years of the date of death.
  • Or 3 years from the date of knowledge that negligence caused the death. – This could be formed on the date of an inquest or the date of a postmortem.

Call an advisor today for more information on the time limits for a fatal accident claim.

What Can Be Claimed Under The Law Reform (Miscellaneous Provisions) Act 1934?

Under the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA), the deceased’s estate can make a claim for the suffering and pain of the deceased. Additionally, they can also make a claim on behalf of the dependents for how the death has impacted them.

Using the figures listed in the 16th edition of the Judicial College Guidelines (JCG), we have created the following table. Many legal professionals will use this document to help assist them when valuing claims. However, this table should only be used as a guide, as compensation amounts for a fatal accident claim can vary.

Edit
Injury Notes Amount
Death with add-on claims. This is compensation awarded for the suffering and pain of the deceased, as well as any dependency payments. Up to £550,000 and over.
Injuries Resulting in Death Full Awareness (a) – The person will be fully aware when suffering severe lung damage and burns. For 4-5 weeks, they will slip in and out of consciousness before dying within 3 months. £12,540 to £23,810
Injuries Involving Paralysis Tetraplegia/Quadriplegia (a) – The amount awarded will be determined by issues such as whether the person experienced any physical pain, their life expectancy, the ability of speech, sight, and hearing. £324,600 to £403,990
Injuries Involving Paralysis Paraplegia (b) – Several factors will affect how much compensation is awarded. These could include things like how much pain experienced, how independent the person is, life expectancy and depression. £219,070 to £284,260
Injury Resulting from Brain Damage Very Severe (a) – Several factors will determine how much shall be awarded. These could include life expectancy, the extent of physical limitations, behavioural problems, ability to communicate, sensory impairment. £282,010 to £403,990
Psychiatric Damage Generally Severe (a) – The person will have serious problems with maintaining their personal relationships and work, and the initial prognosis is extremely poor. £54,830 to £115,730

Call us today to find out what compensation could be awarded under the LRMPA and the Fatal Accidents Act 1976.

What Else Can Be Claimed?

Additional compensation that can be claimed could include:

  • Any costs for the deceased’s funeral.
  • Dependency costs – Past or future losses caused by the deceased’s death. You don’t necessarily have to be in financial hardship; you just need to prove that you are financially disadvantaged without the deceased’s income.

To find out if you could claim following the death of a loved one in a fatal accident, you can contact our advisors for further guidance.

Make A No Win No Fee Claim For A Fatal Accident

An experienced solicitor from our panel may be able to take on the fatal accident claim with a type of No Win No Fee agreement called a Conditional Fee Agreement. Generally, a No Win No Fee agreement should state…

  • Nothing to pay upfront to the solicitor to begin your claim.
  • Unsuccessful claimants pay nothing to their solicitor for their services.
  • Successful claimants will pay a success fee from their compensation to their solicitor. The amount is capped by law.

Additionally, if you would like more information on the Fatal Accidents Act or advice about a fatal accident claim, contact our advisors. Our friendly team are available 24 hours a day to offer you free legal advice and help answer any of your questions.

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Further Accident Claim Resources

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Additionally, you can contact our advisors today to find out whether you are eligible to claim under the Fatal Accidents Act 1976.