Fatal Accident Compensation

Fatal Accident Solicitors

Fatal accidents have far-reaching effects on the family and friends of the deceased. If it’s a parent, the whole-life effect on children can be both significant and irreconcilable.

The effects on parents if they lose a child are equally devastating, especially when their loss has been caused by fault or negligence of others.

The police or the Health and Safety Executive are normally involved in the commencement of an investigation where a death has occurred due to an accident.

They will investigate what went wrong, gather all the relevant evidence, and then make a decision whether to prosecute the person or company who is responsible.

When we take the matter on we often have to wait until these investigations are complete before then approaching the insurer of the responsible party and proceeding with a fatal accident claim.

If you have lost someone in a fatal accident and want free advice from a fully qualified personal injury solicitor about claiming compensation, then please contact us now.

We understand that this is the most difficult type of compensation claim to make as no matter how much we can help, we are limited by the laws we operate under.

The complicated rules governing such cases are found in the Fatal Accidents Act 1976 which has recently been amended to broaden its scope.

This is because traditionally there has been little room for negotiation as the Act sets out what is covered, such as an award for bereavement (a fixed amount which was increased from £12,980 to £15,120 from May 2020) or the recovery of funeral expenses, and also limits who can claim and the amounts of compensation.

Who can make a claim for fatal accident compensation?

The Executor or Administrator of a person’s Estate, is responsible for dealing with the deceased's assets, property and money, and this includes any legal claims.

Certain individuals related to the deceased are also entitled to make a claim for loss of services or financial dependency.

These are:

• a spouse
• a civil partner
• a cohabiting partner (providing they'd been living together for at least 2 years)
• parents or grandparents
• someone they treated as a parent
• children, stepchild or other descendant
• siblings

Any claims by either the relatives or the Executors of the Estate should be made at the same time.

What can be included in a fatal injury compensation claim?

There are two main pieces of legislation put in place to extend the rights of the deceased to make a claim after their death, allowing their Estate or close family members to claim on their behalf.

These satutues are the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976.

Law Reform (Miscellaneous Provisions) Act 1934

Under the LR(MP)A 1934, a claim may be made by the Executors of the Will, the Administrators if there isn’t a Will, or the claim can be brought directly by the beneficiaries of the estate.

Claims under this act can include:

• General damages - this is a claim for the pain, suffering, and loss amenity from the date of the accident to the date of death. The amount of compensation depends on how severe the suffering was and the length of time between the accident and the date of death.
   
• Funeral expenses including the headstone where the Executor or Administrator of the estate is not a dependant of the deceased.
   
• Probate fees - they are not strictly recoverable but some insurance companies will pay them. Financial losses from the date of the accident to the date of death such as lost earnings, medical expenses, and damage to personal property.

Fatal Accidents Act 1976

Claims under this act are made by any dependants of the deceased and can include claims for the following:

• A bereavement payment - this amount is set by the government and is currently £11,800 for deaths before 1 April 2013, £12,980 for deaths occurring after 1 April 2013 and £15,120 for deaths occuring after 1 May 2020.
   
• Any claim where there was a reasonable expectation of pecuniary benefit and this may include money, property, and services. For example loss of money brought into a household, loss of fringe benefits e.g. company car, loss of anticipated gifts, loss of pension, loss of gratuitous services e.g. DIY.

Are there any time limits for making a claim?

We understand that you might not be ready to speak about the accident in the first weeks and months after it has happened.

In the majority of situations, the time limit is three years from the date of the accident, so you have plenty of time to gather your thoughts before you embark on your claim.

The three year time period starts from the date of death or from the date the death was linked to the accident.

To start court proceedings after the end of the 3 year period you will generally need the permission of the court to continue with your claim.

However, court permission is granted subject to very strict criteria and is not guaranteed. It is therefore extremely important to ensure that court proceedings are commenced within the 3 year period.

There are important steps to complete before a solicitor can issue your claim, so we do recommend seeking advice as early as you possibly can.

Your questions answered