Fatal accident claims

Fatal accidents can very often cause severe emotional suffering and financial hardship. The law relating to fatal accident claims is complex and can often seem harsh.

Claims can be made under the Law Reform (Miscellaneous Provisions Act) 1934 and The Fatal Accident Act 1976.

Law Reform (Miscellaneous Provisions Act) 1934

This most often applies where there is a significant time period between the date of the accident and the date of death. The claim that can be made represents the personal injury claim the deceased could have made and is brought by their personal representatives for the benefit of their estate. Damages that can be claimed include:

Damages for Pain and Suffering – If death is virtually instantaneous or there is no regaining of consciousness between the accident and death any claim would be nominal.
Financial losses and expenses suffered (between the date of the accident and the date of death). This might include net loss of earnings, damage to property, care provided prior to death and medical and travelling expenses.
Funeral expenses if paid for by the deceased’s estate.

The claim is bought for the benefit of the estate by the executor of the deceased’s estate, or the administrator where there is no will. The executor’s right to bring a claim exists from the date of death but an administrator cannot bring a claim before Letters of Administration have been obtained.

The Fatal Accident Act 1976

This is primarily a claim for the loss of support from the deceased person caused by their death. The claims that can be made include:

Statutory Bereavement Damages
Claim for Dependency – i) loss of financial support where there is a dependency on the earnings or income of the deceased; ii) loss of deceased’s services (e.g. help with housework, gardening, home maintenance, car servicing etc.)
Funeral expenses if paid by the dependants.

A fixed sum which is currently £15,120.00 can be awarded for Statutory Bereavement Damages. However, the only people entitled to receive this are:

The deceased’s wife
The deceased’s husband;
The deceased’s civil partner;
The deceased parents (if deceased was a legitimate and under 18);
The deceased’s mother (if deceased was illegitimate and under 18);
The deceased’s cohabiting partner (subject to a number of conditions)

If the claim is on behalf of both parents of a child, the amount is divided equally between them.

The parents of a child over 18, children of a deceased parent, parents of a stillborn infant and other relatives are not entitled to recover damages for bereavement no matter how closely associated with the deceased.

However, a person who was financially dependent upon (or dependant upon the services of) the deceased may be entitled to recover damages for the loss of that dependency. In all cases it is necessary to prove that there was a reasonable expectation of financial benefit from the deceased.

The claims for dependency are therefore intended to reflect the income the deceased could have earned during the rest of their life had the accident not happened and also includes a sum to reflect the value of practical help and services they would have provided over the same period.

To fall within the category of being a dependant you must be a:

Husband or wife, or former husband or wife of the deceased
Civil partner or former civil partner of the deceased
Person who was living with the deceased as husband or wife for at least two years prior to the death
Parent or other dependant of the deceased
Person who was treated by the deceased as his or her parent
Child or other dependant of the deceased
Person, who in the case of a marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage
Person who is a brother, sister, uncle, aunt niece, nephew or cousin of the deceased.

If you think that you may have a valid claim, then please telephone one of our personal injury specialist lawyers free on 01843 220288 or use our contact form on this page.

Your initial consultation can be face to face or over the telephone and we can sometimes offer remote video appointments. We make no charge for the initial consultation during which our personal injury lawyers will assess your claim on its merits, explain how successful it is likely to be.

There is no obligation and no charge to talk to us and you will have your own dedicated friendly lawyer from start to finish.

Our lawyers accept compensation claims instructions on a ‘no win no fee’ basis and if your prospects of success are high enough, we will help you bring a compensation claim against the people or organisation responsible for the fatal accident.