We place an immense amount of trust in medical professionals to provide the correct standard of care. When they fail to do this, it can have drastic consequences. No one should have to deal with the shock of losing a loved one due to medical negligence. While processing your grief, you may also come under financial pressure and find yourself asking, ‘How much compensation for medical negligence resulting in death could I receive?’. Keep reading to find out how compensation is calculated and some key features of the process.
Useful Knowledge
- Between 2022 and 2023, the NHS received 1,101 fatal medical negligence claims, according to a Freedom of Information (FOI) fulfilled by NHS Resolution.
- The most common cause of NHS fatality claims was failed/delayed treatment
- Compensation can cover loss of financial dependency, consortium and services.
- A bereavement award, which is a set amount of £15,120, can be given to eligible relatives.
- Only the deceased’s estate is able to claim during the first 6 months, followed by other qualifying relatives after this period has passed.
Our advisors have handled many similar enquiries, so they will approach your questions with empathy and understanding. You do not need to decide whether you want to proceed before contacting us, as all advice is offered without any pressure to make a claim. Speak with our team directly to learn about our panel’s No Win No Fee services and find out if you could be eligible to seek compensation.
We are here to help you
Here at HowMuchCompensation.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Jump To A Section
- Who Can Claim For Fatal Medical Negligence?
- How Much Compensation For Medical Negligence Resulting In Death?
- What Factors Will Determine The Final Amount Of Wrongful Death Compensation?
- What Is Needed To Bring A Claim For Fatal Medical Negligence Compensation?
- No Win No Fee Death By Medical Negligence Compensation
- Learn More
Who Can Claim For Fatal Medical Negligence?
Depending on the timing of the claim, those who could be eligible to claim compensation through fatal medical negligence claims include the estate and certain relatives of the deceased. However, negligence must have occurred for there to be a valid claim.
All medically trained professionals owe a duty of care to their patients during treatment. This means that there is a minimum standard of care they must provide. If a fatality occurs due to the failure to provide this, negligence has occurred and there could be grounds for a compensation claim.
Claims of this nature often relate to medical misdiagnosis, surgical negligence, birth injuries and other issues. Read this section for more information on who can claim and what the compensation can cover.
Compensation On Behalf Of The Deceased’s Estate
During the first 6 months after death has occurred, only the deceased’s estate can claim compensation. This is owed to the Law Reform Miscellaneous Provisions Act 1934 (LRMPA). They can claim on the deceased’s behalf. Therefore, the compensation in such cases may cover the financial losses, suffering and pain that the deceased experienced prior to death. Additionally, the estate can also claim on behalf of the dependants.
Compensation On Behalf Of The Deceased’s Family
Under the Fatal Accidents Act 1976 (FAA), certain dependants of the deceased may be eligible to claim if 6 months have passed without the estate seeking fatal injury compensation. Those who may qualify include the following relations of the deceased:
- A husband, wife or civil partner (former or current)
- An ascendant of the deceased, such as a parent or step-parent
- Someone who lived with them as a spouse for 2 years prior to their death
- A descendant of the deceased, including those related by marriage or civil partnership at any time, such as a child or stepchild
- An aunt, uncle, sister or brother of the deceased (or any of their children)
Loss of Financial Dependency (Loss of Financial Support)
Fatal injury compensation can cover a loss of financial dependency. This applies when the person claiming has experienced a financial impact due to the lack of past and future earnings of the deceased. For example, if the deceased paid the mortgage and contributed to other household bills, this money can be claimed for.
Loss of Consortium (Loss of Companionship)
This covers losses that cannot otherwise be financially quantified. Lost companionship and the impact on familial relationships can be considered.
Loss of Services
A loss of services refers to compensation for tasks that the deceased used to perform for the claimant. Examples include DIY around the home or childcare.
If you have any queries about how much compensation for medical negligence resulting in death could be claimed, get in touch with our advisors. They can also further explain who is eligible to seek compensation and when.
How Much Compensation For Medical Negligence Resulting In Death?
The compensation that might be awarded in fatal medical negligence claims depends on who is claiming, as the deceased’s estate is able to claim compensation for the suffering and pain experienced before death. This is referred to as claiming general damages.
When legal professionals are evaluating general damages, they may read the Judicial College Guidelines (JCG). This is a text that establishes compensation guideline figures for various types and severities of injury.
We have included a selection of the JCG figures below. However, the assessment of compensation is a highly individualised and nuanced process. A general guideline figure cannot reflect the unique nature of each case.
However, you can speak with an advisor to ask, ‘How much compensation for medical negligence resulting in death could I receive?’. They can perform a tailored case assessment for you, giving you an estimate that is more reflective of your specific fatal accident claim. They know what factors are typically considered in claims of this nature, so why not seek their guidance?
Please note that the 1st figure does not come from the document.
| Injury | Notes | 17th JCG Figures (aside from top entry) |
|---|---|---|
| Death By Medical Negligence (Pain and Suffering) Plus Dependants' Losses | Compensation awarded for the impact on the deceased, including their suffering and pain, financial losses and dependency payments | Up to £550,000 and over |
| Paralysis- Tetraplegia/Quadriplegia | Upper end of the bracket can apply to cases where the impacted party suffered physically, and their ability to communicate and senses have been affected | £396,140 - £493,000 |
| Paralysis- Paraplegia | Factors such as life expectancy, age, and pain level will impact how much compensation is given | £267,340 - £346,890 |
| Very Severe Brain Damage | No meaningful response to the environment and the requirement for full-time nursing care | £344,150 - £493,000 |
| Death With Full Awareness | Full awareness for a short period before becoming unconscious, after which death will occur within a a couple of weeks to 3 months | £15,300 to £29,060 |
What Factors Will Determine The Final Amount Of Wrongful Death Compensation?
The financial losses that the deceased experienced before death can affect the final amount , though this also only applies when the deceased’s estate is claiming. This aspect of the compensation is called special damages. Serious injuries often have severe financial consequences. The following list covers examples of financial losses the deceased may have accumulated between the incident and their death, which can be recovered:
- Lost earnings due to the time they were unable to work
- Payments for carers required to look after them
- The cost of adjusting their home (they may have paid for a stairlift or wetroom)
- Medical expenses (such as private treatment and prescription fees)
- Travel costs required to attend medical appointments
What Is The Bereavement Award?
The bereavement award is a lump sum fixed at £15,120 that qualifying relatives may claim under the Fatal Accidents Act. If more than one person seeks to claim the bereavement award, it can be split. Those who qualify to claim this include:
- A civil partner, husband or wife
- An individual who lived as a husband or wife of the deceased for 2 years before their death
- The deceased’s mother (if they were an unmarried minor born outside of wedlock) or if they were unmarried and a minor, but not born out of wedlock, the parents
Do not hesitate to speak with our team if you have any questions about the different factors that affect medical negligence compensation. You may not be sure what exactly you could include under your claim, so get in touch for straightforward answers.
We are here to help you
Here at HowMuchCompensation.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
What Is Needed To Bring A Claim For Fatal Medical Negligence Compensation?
You must submit evidence and file your claim within the appropriate limitation period in order to claim medical negligence death compensation. Evidence of medical negligence and its fatal impact can include the following:
- A copy of the deceased’s medical records
- A diary of the symptoms they experienced prior to death
- Correspondence from the health facility (sometimes they will write to confirm that negligent care was given)
- Contact details of those who witnessed the deceased receive negligent treatment
The time limit for fatal injury claims is typically 3 years. This can either start from:
- The time on which death occurred
- The date of knowledge (when the cause of someone’s passing became apparent)
Sometimes, it is not possible to know that medical negligence caused death until a postmortem or inquest has been performed. This is why the time limit can start from a later date, depending on the circumstances.
If you’re not sure how to prove fatal medical negligence or when to start your case, speak to our advisors today for further guidance. They can also explain how much compensation for medical negligence resulting in death you may receive.
No Win No Fee Death By Medical Negligence Compensation
You could be eligible to claim through the No Win No Fee representation of a solicitor from our panel. This means, by signing a Conditional Fee Agreement (CFA), they would not collect solicitors’ fees:
- Before the fatal injury claim begins
- While the case is underway
- If fatal medical negligence compensation is not given
However, should you be compensated, you will owe a success fee. This is a percentage taken from the compensation. It is subject to a cap that is legally binding, so you will retain the largest share for yourself and other loved ones of the deceased.
If you’re wondering how a solicitor from our panel could help you, consider the following high-standard legal services that they offer:
- Explanations of legal terms that make the process more accessible for you
- Identifying what evidence you need and how to access it
- Estimating how much compensation for medical negligence resulting in death you should receive and arguing for the total to reflect this
- Handling correspondence with the defending party and ensuring that all appropriate information is communicated
Contact How Much Compensation
You should speak with our advisors today to ask how much compensation if medical negligence resulting in death could I receive. They will take the time to provide you with tailored advice and explain anything you are unsure of. It can often feel like a big decision to start a compensation claim, so there will be no pressure to proceed if you need more time to gather your information or discuss this matter with the deceased’s loved ones.
- Use our phone line on 0800 408 7826
- Chat live with an advisor using the pop-up in the corner
- Complete our online contact form
Learn More
Read our other medical negligence guides below:
External resources:
- Visit the NHS guidance for claimants
- Follow the government’s advice on what to do after someone dies
- Read Citizens’ Advice on dealing with the financial affairs of someone who has died
If you have any further questions related to how much compensation for medical negligence resulting in death a claimant might be awarded and how this compensation can be divided amongst eligible relatives, please speak to an advisor now.
