Losing a loved one in a fatal accident is a devastating experience. When that loss is s a result of someone else’s fault – whether in a road traffic collision, workplace accident, or because of medical negligence – it can be even more overwhelming.
The law in England however allows certain family members to pursue a fatal accident claim to seek justice and financial support.
What Is a Fatal Accident Claim?
A fatal accident claim is a legal process that allows the relatives or dependents of someone who has died to claim compensation where another party (an individual or organisation) is at fault. This compensation can help cover financial losses, funeral expenses, and acknowledge the emotional impact of the loss.
What Laws Apply?
Two key pieces of legislation govern fatal accident claims in England:
- The Fatal Accidents Act 1976 – This allows dependants of the deceased to claim for the loss of financial support and services they would have received.
- The Law Reform (Miscellaneous Provisions) Act 1934 – This allows the deceased’s estate to claim for losses the deceased could have claimed had they survived, such as pain and suffering before death and loss of earnings.
Who Can Make a Claim?
Under the Fatal Accidents Act, the following people may be eligible to claim:
- Spouse or civil partner
- Long-term cohabiting partner (minimum two years)
- Children (including adopted and stepchildren)
- Parents or guardians
- Other dependants who relied financially on the deceased
Only one claim for dependency can be made, so it’s important to include all eligible dependants in the same legal action.
What Can Be Claimed?
A fatal accident claim may include:
- Loss of financial dependency – compensation for the income the deceased would have contributed.
- Loss of services – for example, childcare, household tasks, or care provided by the deceased.
- Bereavement damages – a fixed statutory amount (currently £15,120) awarded to certain close relatives, such as spouses or parents of a deceased child.
- Funeral expenses – reasonable costs can be recovered, though not all associated costs (like the wake or probate) are always covered.
- Pain and suffering – if the deceased experienced pain before death, this may be claimed by the estate.
Time Limits
There is usually a three-year time limit from the date of death to bring a claim. However, this can vary depending on the circumstances, so it’s important to seek legal advice as soon as possible.
Why Legal Advice Matters
Fatal accident claims can be complex, especially when multiple dependants are involved or when fault for the cause of death is disputed. A specialist personal injury solicitor can guide you through the process with compassion and clarity, helping you secure the compensation you deserve while allowing you to focus on grieving and healing.
We’re Here to Help
If you’ve lost a loved one in a fatal accident and believe someone else may be at fault, Louise Plant from our Personal Injury team is here to help you. We offer clear advice, handle the legal complexities, and work tirelessly to achieve the best possible outcome for you and your family. You can contact Louise at lplant@prettys.co.uk and you can learn more about our personal injury services here.
