Bereavement Damages in England: What You Need to Know

Losing a loved one is always painful. When that loss however is someone else’s fault -such as in a road traffic accident, accident at work or as a result of medical negligence – the grief can be even more overwhelming. In such cases, the law in England allows certain close relatives to claim bereavement damages as a form of compensation.

What Are Bereavement Damages?

Bereavement damages are a fixed sum of money awarded to acknowledge the emotional suffering caused by the wrongful death of a loved one. They are not meant to replace the financial support that those loved ones provided, (which is covered under dependency claims), but rather to recognise the emotional impact of the loss. This type of compensation is governed by the Fatal Accidents Act 1976 and is separate from government benefits like Bereavement Support Payments.

How Much Can Be Claimed?

The statutory amount for bereavement damages in England and Wales is £15,120. This amount is fixed and does not vary based on the circumstances of the death or the depth of the relationship.

Who Can Claim?

The law strictly limits who is eligible to receive bereavement damages. Those who can claim include:

• The spouse or civil partner of the deceased
• A cohabiting partner (if they lived with the deceased for at least two years before the death)
• The parents of a child under 18 (if the child was “legitimate”)
• The mother of a child under 18 (if the child was “not legitimate”)

Unfortunately, this means that many grieving relatives – such as siblings, grandparents, or unmarried fathers – are not entitled to claim.

How Are Bereavement Damages Claimed?

Bereavement damages are typically claimed as part of a wider fatal accident claim, which may also include compensation for:

• Loss of financial support
• Funeral expenses
• Pain and suffering experienced by the deceased before death

To make a claim, it must be proved that the death was caused by someone else’s fault, and that they had done something that would constitute a breach of a statutory duty, or negligence.

Why Is the System Controversial?

In England, many legal professionals and campaigners, mainly personal injury lawyers, are of the view that the current system is outdated and unfair – the fixed amount is too low to reflect the loss of a loved one, and the eligibility rules exclude many people who have suffered deeply from such a loss. In contrast, Scotland uses a more flexible system, where courts assess each case individually and consider the closeness of the relationship when awarding compensation.

How We Can Help

At Prettys, we understand how devastating it is to lose someone you love – especially when their death could have been prevented. Louise Plant from our Personal Injury team is here to help you understand your rights and guide you through the process of making a bereavement damages claim with compassion and care. You can contact Louise at lplant@prettys.co.uk and you can learn more about our personal injury services here.