Fatal Accident Compensation Claims
Our guide covers fatal accident compensation claims and how they are made. We discuss how to seek compensation if your loved one died as a result of someone else’s negligence.
Whether you are in public, on the roads or at work, you are owed a duty of care. If your loved one died as a result of negligence, you might be able to make a fatal injury claim. We explore different situations in which your loved one could have been owed a duty of care, as well as the legislation guiding this. You can also learn about key eligibility criteria for a claim.
We look at who can bring a claim forward after a death caused by negligence. In addition, we look at the compensation that could be awarded in a fatal accident claim.
To conclude this guide, we look at the option of using a No Win No Fee arrangement to access the services of a solicitor. If you have any questions regarding making a fatal accident claim, please get in touch with our claims team on the information below:
- Begin your claim online.
- Call us on 020 3870 4868.
- Use our live chat feature, which you can find at the bottom of your screen.
Select A Section
- How Do Fatal Accident Compensation Claims Work?
- Does The Type Of Accident Affect What Compensation Could Be Awarded?
- What Could Be Awarded In Fatal Accident Compensation Claims?
- Fatal Accident Claims Calculator
- How Long Do You Have To Make Fatal Accident Claims?
- Talk To Us About Claiming After A Fatal Accident
How Does A Fatal Accident Compensation Claims Work?
Each fatal accident claim is accessed individually. This means that the figures provided by a fatal accident claims calculator should only be used as a guide. It cannot consider loss of service payments, for example, or loss of income.
One of the factors that could affect how much a fatal accident claim is worth is the amount of pain and suffering that was experienced by the deceased in the lead-up to their death. If they experienced a fairly protracted period of suffering before they lost their life, then this could attract a greater settlement than if someone had suffered for only a short period of time, or if they had lost consciousness after the accident and remained unconscious until they died. This could be proven through a medical report, for example.
Our fatal accident claims team can provide an estimate of the amount that could be claimed. Speak with an advisor for further guidance.
Does The Type Of Accident Affect What Compensation Could Be Awarded?
If a breach of duty of care occurred and your loved one died as a result of this, the estate of the deceased could bring forward a fatal accident claim for the pain and suffering of the deceased. Dependents of the deceased may also be able to claim for how the death has impacted them.
The kind of accident they lost their lives in will not affect the award, however, other factors may have an impact on the compensation amount. Below we look at situations in which your loved one could have been owed a duty of care.
At Work
Under Section 2 of the Health and Safety at Work etc. Act 1974 (HASAWA) , employers must take reasonable and practicable steps to keep employees safe from harm. This is so they uphold their legal duty of care.
If the deceased’s employer did not take the right measures to reduce workplace risks, and your loved one died as a result of the accident at work, then a claim could be made on their behalf. Speak with a member of our team today to discuss proving liability for a fatal workplace accident.
On the Roads
The Road Traffic Act 1988 sets out the duty of care drivers owe each other. Additionally, the Highway Code sets out the rules and guidelines for drivers as well as other road users. Some of these rules are elsewhere backed up by law.
You could start a fatal car accident claim if the deceased was owed a duty of care which was then breached and it resulted in fatal injuries.
Public Spaces
If an accident in a public place resulted in your loved one’s death, you might be able to bring a claim. This is because under the Occupiers’ Liability Act 1957 occupiers of a public space, such as a shop, owe people entering that space a duty of care. An accident in a shop, for example, could prove fatal if the shelving units are not secure and collapse.
If a breach in an owed duty of care resulted in your loved one’s death, you could discuss fatal accident compensation claims with our fatal injuries claims team.
What Could Be Awarded In Fatal Accident Compensation Claims?
The Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) set out the requirements for fatal injury compensation.
The Fatal Accidents Act tells us the categories of dependents can bring a fatal accident claim forwards for their own pain and suffering. As defined by the Fatal Accidents Act, a dependant can be:
- The spouse or former spouse of the deceased.
- Someone who resided with the deceased as a spouse for two years prior to death.
- A parent or person treated as a parent by the deceased, such as a step-parent.
- A child, or someone treated as a child by the deceased, such as a step-child or step-children from a previous marriage.
- Siblings, nieces, nephews, aunts, uncles and cousins of the deceased.
You might be able to claim:
- The deceased’s loss of earnings if you were dependent on their income. It may also cover the loss of future income.
- Loss of a special person. This considers loss of companionship.
- Funeral costs.
- Loss of services, for example, if the deceased did DIY or looked after children.
Questions about fatal accident compensation claims can be answered by our claims team. If you have a valid claim, you could be connected with a lawyer from our panel.
Fatal Accident Claims Calculator
Fatal injury compensation will consider the pain and suffering experienced by the deceased. Those working out this compensation for fatal accident claims could look at the Judicial College Guidelines (JCG). The document consists of guideline compensation amounts for injuries and illnesses, set out in brackets.
Figures in the table below are examples provided from these guidelines. Only the top line is not from the JCG.
| Injury | Notes | Potential Compensation |
|---|---|---|
| Fatality and add on claims | Serious pain and suffering for the deceased, plus a significant impact on dependants | Up to £550,000 |
| Paralysis | Quadriplegia, also called Tetraplegia | £396,140 to £493,000 |
| Paralysis | Paraplegia | £267,340 to £346,890 |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Psychiatric Harm | Severe | £66,920 to £141,240 |
| Injury Leading To Death | Full Awareness | £15,300 to £29,060 |
You can get in touch with our claims team to further discuss fatal accident claims.
How Long Do You Have To Make Fatal Accident Claims?
The Limitation Act 1980 sets out a general three-year time limit to start a fatal accident claim. Exceptions may apply.
This three-year time limit can start:
- From the date of death.
- From the date of knowledge. This is when you learned that your loved one died as a result of negligence. The date of an inquest or a post-mortem could establish this.
Our claims team can help begin a fatal injury claim today. Get in touch and, if your claim has a good chance of success, you could be connected with a lawyer from our panel to work on your case.
Talk To Us About Fatal Accident Claims
You can contact us at any time and on any day to talk about fatal accident compensation claims. Our advisors are always available to give advice and can help you find out whether an expert solicitor could take on your case.
The solicitors from our panel have years of combined expertise in fatal injury claims and can be instructed to take on much of the work involved, to take as much stress out of the claims process as possible. They use their knowledge of this process to secure the best possible fatal accident compensation amount.
If one of our panel’s solicitors takes your case, they do it under a Conditional Fee Agreement (CFA). The first thing to know about these terms is that the solicitor doesn’t charge any fee for their work at any time up until the end of the case. Moreover, there isn’t a solicitor fee at all if the claim should fail.
Winning the claim means the solicitor collects a success fee, which is a portion of the compensation. However, the percentage is legally capped because of The Conditional Fee Agreements Order 2013, which guarantees that you take a clear majority of the payout away with you.
Whether you’d like to discuss the possibility of claiming or just want to get some advice, you can get free support right now. Either:
- Ask about your claim online so we can call you.
- Call us on 020 3870 4868.
- Use the live chat button on your screen.
Related Fatal Accident Claims
The following links may help you:
- Applying for Probate Guide from the Government
- Work-related Fatality Statistics from the Health and Safety Executive (HSE)
- Grief, Loss and Bereavement Guide from the NHS
Additional personal injury guides from UK Law:
Thank you for considering our guide about fatal accident compensation claims.
Writer IW
Publisher NC
