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Fatal Accident Claims
Losing a loved one in an accident that wasn't their fault is one of the most devastating experiences anyone can go through.
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Find out how much compensation you could be entitled to:
Select the body part affected, the specific injury area, and how serious the injury is to see an estimated compensation range.
Compensation amounts are estimated based on the level of injury below
What is a Fatal Accident Claim?
A fatal accident claim is a civil law claim made by the estate and/or dependents of someone who has died as the result of an accident caused by the negligence of another person or organisation. Claims are brought under the Fatal Accidents Act 1976 and The Law Reform (Miscellaneous Provisions) Act 1934, and can arise from:
- Road traffic accidents
- Workplace accidents
- Public liability accidents (such as unsafe premises or inadequate security)
To succeed, the accident must have been caused wholly or partly by negligence or a breach of a legal duty of care.
Who Can Make a Claim?
The following people are legally entitled to bring a dependency claim:
- Spouse or civil partner
- Children (until age 18, or longer if in full-time education)
- Parents, if the deceased child provided financial support
- Other financial dependents
The deceased’s estate can also recover any losses the deceased could have claimed themselves before death.
What Compensation Can Be Claimed?
Compensation following a fatal accident can include:
- Funeral costs
- A Bereavement Award (a fixed sum for specific relatives)
- Loss of income and earnings
- Loss of domestic services
- Care costs
As of March 2020, the Bereavement Award is £15,120, payable to a spouse or civil partner, to parents of a deceased child under 18, or to a cohabiting partner of at least two years (for deaths after 6 October 2020). This is a single award, split between all eligible recipients rather than paid to each individually.
Compensation is paid according to the loss: funeral expenses go to the deceased’s estate, while dependency losses are paid individually to dependents. Any unaccounted funds become part of the deceased’s estate. Awards can cover lost family income, childcare costs for a surviving single parent, funeral expenses, medical treatment, household help, education costs, and mortgage payments.
Discover How Much Your Claim Could Be Worth
Our services cater to a diverse clientele across the UK, encompassing individuals of all ages. We are committed to delivering meticulous and dedicated service to each client, ensuring the maximization of their compensation.
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What Evidence Is Needed?
Building a strong fatal accident claim typically requires:
- Police reports
- Inquest reports or court proceedings documentation
- Medical reports establishing the cause of death
- Expert accident investigation reports
- Financial information quantifying dependents’ losses
- Witness statements
- Photographs of the accident scene or injuries
Where an inquest has taken place, it can help confirm the official circumstances of death, provide witness evidence, and may highlight any negligent acts that support a claim.
How Long Do I Have to Claim?
Fatal accident claims are subject to strict time limits:
- 3 years from the date of death, for claims based on negligence
- 3 years from when dependents became aware of the cause, for deaths from industrial disease
- Children’s claims can be brought until they turn 21
How Long Does a Claim Take?
Many fatal accident claims settle within 1-2 years, though more complex cases can take 3 years or longer. How long your claim takes depends on the length of the investigation, the number of parties involved, how clear liability is, whether the defendant is willing to settle, and current court waiting times. Many claims settle out of court, either after initial correspondence where liability is clear, through evidence-sharing negotiations, or at a pre-trial mediation meeting.
Other Support Available
A civil compensation claim is separate from, and does not affect, other entitlements such as bereavement support payments, widowed parent’s allowance, life insurance payouts, or criminal compensation awards (CICA). Alongside legal advice, bereaved families can also access bereavement counselling, support groups, financial advice on available benefits, and charitable helplines.
Why Choose Porter Wood Law?
Handling a fatal accident claim requires specialist experience: a clear understanding of liability, access to expert investigators and medical specialists, and the negotiation skill to secure the maximum compensation your family is entitled to — all while meeting strict legal time limits. Our team, led by founding partner Chris Wood, a part-time Deputy District Judge with over 20 years’ post-qualification experience in personal injury law, has handled many fatal accident claims and is here to take the legal burden off your shoulders during an extremely difficult time.
Contact Porter Wood Law today for a free, no-obligation consultation. Call our Chorley office on 01772 203 303 or our Leeds office on 0113 433 1204, or complete our online contact form to request a call back.
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