A Full Guide To Fatal Accident Claims
Here at UK Law, we fully appreciate and understand just how traumatic and difficult losing someone to an accident can be. That’s why we have created this extensive guide to fatal accident claims to inform you when compensation could be sought following a fatal accident.
You’ll see information on key areas of the claims process, including eligibility, who can claim, what compensation is awarded for, how that compensation is calculated, and what circumstances fatalities can occur in. Towards the end of our guide is a short section on how a No Win No Fee solicitor from our panel could help you claim compensation.
If you have any questions while reading this guide, you can contact our advisors:
- Speak to an advisor via 020 3870 4868.
- You can also claim online by filling out this form to arrange a callback.
- Open the live chat window to get through to an advisor now
Select A Section
- What Are Fatal Accident Claims?
- Who Can Make A Fatal Accident Claim?
- The Fatal Accidents Act 1976
- Compensation In Fatal Accident Claims
- What Else Can Fatal Accident Compensation Cover?
- Examples Of Fatal Accidents
- How To Claim For A Fatal Accident
- The Benefits Of Claiming Compensation
- Do I Need A Fatal Accident Solicitor To Make A Claim
- Get More Information
What Are Fatal Accident Claims?
Fatal accident claims are a type of claim that can be made by the estate of the deceased at the deceased’s dependents (for different reasons) for their death due to suffering fatal injuries.
The eligibility requirements that need to be met in order to have a valid fatal injury claim are:
- The deceased must have been owed a duty of care.
- This duty was breached.
- This led to the accident that caused the deceased’s fatal injuries.
A duty of care means a legal responsibility to keep others safe. We have set the duties of care owed by third parties in different circumstances in the sections below.
Fatal Accidents At Work
Under the Health and Safety at Work etc. Act 1974, employers are required to take reasonable steps to keep employees safe. While this duty can be met in different ways, the responsibility of an employer to protect their workforce remains constant.
Britain’s health and safety regulator, the Health and Safety Executive (HSE), publishes guidance on a variety of topics to help employees meet their legal obligations. For example, employers need to prove the right information, training and supervision to their workers, and ensure all work equipment is both suitable and safe for use.
Failure to adhere to their duty of care could lead to a fatal accident at work.
Fatal Road Traffic Accidents
Road users have a duty of care to each other in that they must do everything reasonably within their power to prevent harm from being caused.
This means upholding the standards of both the Road Traffic Act 1988 and the Highway Code. Failures to meet these standards, such as driving at high speeds or driving under the influence of alcohol, dramatically increase the risks of a fatal car accident occurring.
Fatal Public Liability Accidents
Those in control of public places are known as “occupiers.” The occupier has a duty of care to take steps to ensure the reasonable safety of all visitors to the premises they are in control of, as per the Occupiers’ Liability Act 1957.
These safety measures can include things such as ensuring walkways are clear and even, maintaining all lighting systems and having sufficient fire prevention and suppression equipment in place.
Continue reading this guide to learn who could be eligible to make a fatal accident claim. You can also contact our advisors with any questions you may have.
Who Can Make A Fatal Accident Claim?
Fatal accident claims can be made by the estate of the deceased. Under the Law Reform (Miscellaneous Provisions) Act 1934, they can claim for the deceased’s pain and suffering caused by their fatal injuries (awarded under general damages). They can also claim any financial losses suffered due to the deceased’s fatal injuries directly prior to their death, such as medical fees if the deceased was in a coma, for example (awarded under special damages).
They can also make a claim on behalf of the deceased’s dependents. We will explain who qualifies as a dependent in the next section.
It is important to note that the deceased’s estate is the only party that can make a claim for the first six months after the death.
To learn more about claiming as the deceased’s estate, you can contact our advisors.
The Fatal Accidents Act 1976
Under the Fatal Accidents Act 1976 (FAA), qualifying dependents can seek compensation for the impact the death had on them. A claim can only be made by dependents if no claim has been made on their behalf by the estate of the deceased in the 6 months after their death.
Qualifying dependents under the FAA include:
- Spouses or civil partners.
- Persons who lived with the deceased as a spouse for at least two years prior to their death.
- Children or other descendants, as well as those who were treated as a descendant. This can include any stepchildren and children from previous marriages or relationships.
- Any siblings of the deceased.
- Parents and other descendants with a parental relationship.
- Aunts, uncles, and cousins of the deceased.
Dependents cannot make a claim if the estate has already started one on their behalf. However, there are separate awards for dependents that can be paid out; we look at these in more detail in a later section. To find out if you could make a fatal accident claim, whether as the estate or a dependent of the deceased, talk to our team today.
Will The Case Need To Go To Court?
Not necessarily. Claims only go to court if a settlement cannot be reached outside the courtroom. Your solicitor will negotiate a potential compensation figure with the defendant’s representatives, and if agreement is reached, then that money will be paid out, and no trial will be required.
Court proceedings can take a long time, and the costs can pile up quickly. Our panel of solicitors will do their utmost to ensure your claim is settled long before a trial is required. You can learn more about the fatal accident claims process by talking to our advisory team.
Compensation In Fatal Accident Claims
In fatal accident claims, the estate of the deceased can claim compensation under the two heads of loss, general and special damages. Compensation for the deceased’s pain and suffering prior to their death is awarded under general damages, whereas certain financial losses are awarded under special damages.
When calculating a possible compensation figure under general damages, your legal team can make reference to the Judicial College Guidelines (JCG) alongside relevant medical documents. The JCG publication details the guideline compensation brackets for various types of harm.
Compensation Table
Please be advised this information has been included for guidance purposes only. The top entry was not taken from the JCG.
| Type of Injury | Severity | Guideline Compensation Figure |
|---|---|---|
| Fatality + Claim Add ons | Very Severe | Up to £550,000 and Above |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Paralysis | Tetraplegia (a) | £396,140 to £493,000 |
| Paraplegia (b) | £267,340 to £346,890 | |
| General Psychiatric Harm | Severe (a) | £66,920 to £141,240 |
| Post-Traumatic Stress Disorder | Severe (b) | £73,050 to £122,850 |
| Injuries Resulting In Death | Full Awareness | £15,300 to £29,060 |
What Else Can Fatal Accident Compensation Cover?
Under the FAA, a Bereavement Award can be given to eligible dependents. This is a fixed sum set at £15,120, and can be awarded to or split between:
- The spouse or civil partner of the deceased.
- Any person who was cohabiting with the deceased as their spouse for a minimum of two years before their death.
- The parents, if the deceased was an unmarried minor.
Other forms of compensation that can be awarded in fatal accident claims include:
- Funeral costs.
- Loss of service: this can include childcare, domestic labour and DIY tasks that the deceased undertook. These have to be financially quantified by a solicitor.
- Financial dependency: those who were dependent on the deceased’s salary could claim for the loss of their salary (past and present) and the impact it has on household finances.
- Loss of consortium: also referred to as loss of companionship, this aims to quantify the loss of a special person.
As we mentioned above, this section is intended for guidance purposes only as every claim is assessed individually. To get a free assessment of your potential claim, contact our advisors today.
Examples Of Fatal Accidents
Fatal accidents can occur in many different ways. We have set out a few examples below. It is important we emphasise that these are by no means the only circumstances in which you could make a fatal accident claim either as the estate or a dependant of the deceased.
Examples can include:
- Your relative was cycling across a junction when a drunk driver lost control of their vehicle and collided with them. Your relative was taken to hospital but later died from their injuries.
- A fatal accident occurred on a construction site when the contractor failed to ensure the scaffold met safety standards. A platform came loose from its mountings, and a heavy toolbox fell multiple storeys. Your father was working below and was killed when the box hit his head.
- The managers of a restaurant did not repair the balcony rail despite multiple staff reporting it was a risk to both employees and customers. No warning sign had been placed. Your brother fell through the railing, breaking several bones and sustaining a fatal head injury.
To inquire further about claiming for a fatal accident, and to get a free eligibility assessment in your particular circumstances, talk to our team today using the contact information given here.
How To Claim For A Fatal Accident
Before you can claim compensation either as the estate or dependent of the deceased, there are a few key things to consider. We have set these out below:
- Eligiblity: our advisors can provide a free eligibility assessment at any time of day. They will ask you some questions about what happened, and if you have a valid claim, put you in touch with one of the expert solicitors we work with.
- Evidence: collecting supporting evidence is a key part of any claim, this is something a solicitor can support you with. Examples can include medical reports, witness statements, video footage of the accident and photographs.
- Coroner’s Report: A coroner’s inquest can be ordered in cases where a death is violent or unnatural. The report from this inquest can be very useful in showing a cause of death. However, it cannot assign blame.
You can get further guidance on how to pursue a fatal accident claim by contacting our advisory team.
The Benefits Of Claiming Compensation
The compensation paid out in successful fatal accident claims cannot even begin to fill the gap left behind by a deceased family member. However, that money can go a long way in ensuring your family are supported through the loss.
The compensation can help with the following:
- Funeral costs.
- Paying off the mortgage.
- Supporting household finances.
- Caring for any dependants.
Our panel of specialists can support you throughout your claim. At UK Law we more than understand just how difficult this process can be. Get in touch with our advisors via any of the contacts given below.
Do I Need A Fatal Accident Solicitor To Make A Claim
While there isn’t a legal requirement to use a solicitor for any claim, the highly complex and distressing nature of fatal accident claims means getting the right legal representation will be a massive benefit to you.
We work with a range of specialists to ensure you get the highest possible standards of service. A solicitor from our panel could help you to gather supporting evidence, determine a potential compensation amount and negotiate the final settlement on your behalf.
Our panel of solicitors can offer their services on a strictly No Win No Fee basis with a type of contract called a Conditional Fee Agreement (CFA). The CFA insulates claimants from solicitor fees at the start of and during the claim. You will also not pay any fees for their services if the claim fails.
Fatal accident compensation will be paid out if you win the case. A success fee will be taken from this compensation by the solicitor. As The Conditional Fee Agreements Order 2013 caps the percentage of this fee, the majority of any payout will go to you.
Contact Us Today
We fully appreciate there’s a lot of information here. If you have any questions regarding the fatal accident claims process, our dedicated advisors are on hand 24 hours a day to help you. Talk to us via any of the contacts given here:
- Speak to an advisor via 020 3870 4868.
- You can also claim online by filling out this form to arrange a callback.
- Open the live chat window to get through to an advisor now.
Get More Information
You can read some of our claims guides on different topics here:
- Read our guide on road traffic accident compensation claims here.
- Learn more about public liability claims and when you could be eligible with this guide
- Guidance on self-employed accident at work claims.
External resources:
- Read the guidance on what to do when someone dies on the government website.
- The NHS has published this resource on grief after bereavement and how to access support.
- View the statistics on work-related fatal injuries on the HSE website.
Thank you for taking the time to read our guide to fatal accident claims.
