The loss of a loved one is a devastating event, whatever the circumstances. But if that death was the result of someone else’s negligent actions, you might be wondering whether a claim could be made and how much compensation for a fatal accident could potentially be awarded.
This guide can help you if you are claiming as the deceased’s estate or as a dependent. We’ll look at how fatal accident compensation amounts are calculated and who might qualify to make a claim. We explain how liability for such claims is determined and what evidence can be assembled to help support the case. The final section of our guide looks at working with a No Win No Fee solicitor from our panel and how they could help you.
Read on to learn more about making a fatal accident claim. Or, if you would like to discuss your case with our team of advisors, you can:
- Call on 0800 408 7826
- Contact us online.
- Use the live chat
Frequently Asked Questions
- How Much Compensation For A Fatal Accident?
- How Are Fatal Accident Compensation Amounts Calculated?
- Who Can Make Fatal Accident Claims?
- How Is Liability Determined In Fatal Accident Compensation Claims?
- What Do I Need In Order To Start A Claim?
- Get Free Advice For A Fatal Accident Claim
- Learn More
How Much Compensation For A Fatal Accident?
How much compensation for a fatal accident claim that could potentially be awarded will differ from case to case.
However, following a successful claim, compensation will always be awarded for the pain and suffering the deceased experienced due to their fatal injuries.
The Judicial College Guidelines (JCG) may be used when these fatal injuries are being valued, as it contains compensation guidelines for various severities of injuries. We have used some of these figures below, aside from the first entry in the table.
Compensation Guidelines
INJURY DEFINITIONS COMPENSATION GUIDELINES
Fatality Plus Additional Claims Compensation here reflects the deceased's suffering and pain, as well financial loss and payments to dependents. Up to £550,000 and above.
Paralysis - Tetraplegia/Quadriplegia The higher end of this bracket reflects cases where the person experiences physical pain and where the senses and communication skills have been impacted. £396,140 to £493,000
Paralysis - Paraplegia Factors such as the person's age, their life expectancy and prevalence of pain are used to calculate a figure. £267,340 to £346,890
Brain Damage - Very Severe Cases where there isn't any meaningful interaction with environment and the person needs 24/7 professional nursing care. £344,150 to £493,000
Injuries that result in death - Fully Aware Instances where the person was fully aware for a short amount of time before lapsing into unconsciousness and dying within a matter of weeks or months. £15,300 to £29,060
Contact our advisors today if you have any questions regarding compensation in fatal accident claims.
How Are Fatal Accident Compensation Amounts Calculated?
Calculating fatal accident compensation amounts typically starts by looking at the deceased’s suffering and associated financial harm before they died.
Additionally, other forms of compensation that could be awarded as part of a fatal accident claim include:
- Funeral expenses.
- The loss of the deceased’s services. This refers to the support around the home provided by them, such as DIY or childcare support (amounts like this need to be calculated by a solicitor).
- The loss of dependency. This refers to the loss of income generated by the deceased, which affects the family’s financial stability.
- Loss of consortium (or loss of a special person) applies a value to losses that can’t be quantified elsewhere and refers to the loss of companionship. As well as the broader impact on the family as a whole.
Bereavement Award
Under the Fatal Accidents Act 1976 (FAA), specified relatives may also qualify for a lump sum bereavement award of £15,120. This can be awarded to or split between:
- Husbands, wives and civil partners
- Those living for 2 years with the deceased prior to death as spouses.
- The parents of the deceased, if they were an unmarried minor. Or the deceased’s mother if they were an unmarried minor out of wedlock.
If you have any questions regarding how much compensation for a fatal accident claim could be awarded, you can contact our advisors.
Who Can Make Fatal Accident Claims?
Two parties can make a fatal accident claim. These are the estate of the deceased and their dependents. We explain the types of claims each party can make in the sections below.
Claims By The Estate Of The Deceased
The Law Reform (Miscellaneous Provisions) Act 1934 sets out that the estate can claim for the deceased’s suffering and financial losses before death (general and special damages). They are the only party that can claim these.
For the first 6 months after the death, a claim can only be brought forward by the estate of the deceased. They can also submit a claim on behalf of the dependents.
Dependants Of The Deceased
Under the FAA, certain relatives of the deceased (known as dependents) can make a claim for how the death has impacted them. They can only bring forward this claim if no claim has been made on their behalf by the estate within the first 6 months following the death.
Dependents include:
- The husband, wife or civil partner (current or former).
- A person who cohabited with the deceased for at least 2 years before the fatality as a spouse.
- The parents, other ascendants, or those treated as such (like a step-parent).
- The child or other descendant of the deceased, or those treated as such (like a stepchild from a current or previous marriage).
- Sisters, brothers, aunts and uncles, as well as any of their children.
Continue reading this guide to learn when a fatal accident claim could be made. You can also contact our advisors to discuss your case.
How Is Liability Determined In Fatal Accident Compensation Claims?
Liability in fatal accident compensation claims is determined by looking at who owed the deceased a duty of care at the time of their death. A duty of care is a legal responsibility for someone’s reasonable safety.
To be able to make a fatal accident claim, the following must be proven:
- The deceased was owed a duty of care at the time of death.
- This duty was breached.
- The breach led to the person experiencing a fatal injury.
Below, we set out different scenarios when a duty of care is owed and how a fatal accident could potentially occur if this is breached.
Road Traffic Accidents
Anyone who uses the roads needs to do so safely to avoid causing harm. This applies to pedestrians, cyclists, motorcyclists and motorists. To adhere to this, they must follow the rules and regulations set out within the Road Traffic Act 1988 and the Highway Code.
An example of how a fatal road traffic accident may occur includes:
- An intoxicated driver hits a pedestrian when they swerve onto the footpath, causing multiple fatal injuries to the pedestrian.
Accidents At Work
Employers have a duty of care to take reasonable and proportionate steps to protect staff from harm while working. This duty of care is outlined in the Health and Safety at Work etc Act 1974 (HASAWA). Depending on the industry, this can incorporate a wide range of proactive safeguards, but may include:
- Providing personal protective equipment (PPE) when needed.
- Performing regular risk assessments.
- Performing regular maintenance checks.
An example of how a fatal injury at work may occur includes:
- A construction worker falls from poorly erected scaffolding, leading to a fatal brain injury.
Public Liability Accidents
Parties in control of public spaces have a duty of care under the Occupiers’ Liability Act 1957 to ensure the reasonable safety of visitors by taking any and all necessary requirements.
An example of how a fatal accident may occur includes:
- Operators of a theme park ride fail to carry out essential repairs, and the ride breaks, causing a passenger to fall and suffer multiple severe injuries.
Medical Negligence
All registered medical professionals have a duty of care to meet the minimum standard of care when treating patients. If they fail to do so, this could cause a patient to suffer unnecessary harm, and this could sometimes potentially be fatal.
An example of when a fatal medical negligence claim may be made includes:
- Hospital staff fail to monitor a patient who has clear signs of sepsis following an operation. This causes their death.
Contact our advisors about your specific case. They can also help answer any questions, such as ‘How much compensation for a fatal accident could be awarded?’.
What Do I Need In Order To Start A Claim?
In order to start a claim for a fatal accident, you need to gather supporting evidence. This evidence needs to show what happened, who was responsible and the fatal injuries suffered. This could include:
- Copies of the deceased’s medical records and death certificate.
- The contact information of anyone who witnessed the fatal accident.
- The findings of an inquest.
- Video footage of the accident taking place, such as CCTV footage.
Time Limits
In addition to assembling evidence, it’s important that claims are made within the time limit. This is 3 years and can run from:
- The date of death.
- The date of an inquest or post-mortem (date of knowledge).
A solicitor from our panel could help you collect evidence to strengthen your case. They could also ensure the claim is started within the time limit. Contact our advisors today for more information about how a solicitor from our panel could help you.
Get Free Advice For A Fatal Accident Claim
As you navigate through this difficult time, the support of a skilled fatal accident solicitor from our panel by your side could really help. If your claim is eligible, they could help you on a No Win No Fee basis under a Conditional Fee Agreement (CFA). This type of contract has numerous benefits, such as:
- No upfront service fees to pay.
- No solicitor’s service fees to play as the claim goes ahead.
- A claim with an unsuccessful outcome requires no fees to be paid for the solicitor’s completed work.
- A claim that succeeds means you pay your solicitor a ‘success fee’. This is a legally restricted percentage of the compensation taken directly by your solicitor. This fee will usually be agreed upon before your claim begins.
Some of the ways a solicitor from our panel could help you include:
- Help with gathering evidence
- Explaining any legal jargon
- Guiding you through the claims process
- Communicating with the defending team
- Negotiating compensation
Contact Us
Contact one of our advisors today with any questions you may have about making a fatal accident claim or to see if you oculd work with a solicitor from our panel:
- Ring for a free chat on 0800 408 7826
- Contact us online.
- Use the live chat
Learn More
More guides by us:
- In this article, we explain how an injury compensation calculator works.
- Here, we explore claiming for psychological harm.
- You’ll find more guidance on a breach of health and safety at work claim.
Some useful external links:
- Read about investigations after a work-related death with the Health and Safety Executive (HSE).
- Some information and guidance for grief after bereavement from the NHS.
- Information about a Coroner’s services from Gov.UK
Thank you for reading this guide on how much compensation for a fatal accident.