Fatal Accident Claims

We understand that the last thing you want to think about after losing a loved one in an accident,  is making a compensation claim. The devastating emotional impact on you and your family after a loved one has been killed can also have a significant financial impact on you all whether it is paying for funeral expenses, the loss of income for the family or the loss of the roles that loved one played and were an integral part of your family life such as the day to day care of your children, DIY and gardening.

There are many ways you may be able to take off some of the financial pressure for your family where a family member is killed as a result of someone else’s negligence. One point to be aware of, however, is that the amounts of compensation paid after fatal accident claims are usually somewhat of an insult to the family members bringing the claim.

Bereavement Benefit

This is a standard and fixed sum paid in the sum of £11,800.

A bereavement payment can only be claimed by a certain class of relative and they are limited to the wife, husband or civil partner of the deceased.  If the person who died was under 18 their mother or father can claim the payment or if the child was illegitimate only the mother can claim.

Funeral Expenses

The amount awarded is subject to whether is it deemed to be reasonable.

Pain and Suffering

Pain, Suffering and loss of amenity of the person who died if there was a period of time they were conscious following the accident before their death.  This claim is brought by the executors of the persons estate if they made a valid will before they died.

Financial  Dependancy

A dependancy claim is based on the deceased’s income and how many people were relying on it.  It can also be a claim for loss of services such as a parent dying leaving young children or the death of an adult child who was supporting their parents.  The amount of the award will depend on the type of claim.

The list of people who can be classed as dependants is limited and includes husband, wife or civil partner, co habiting partners if you have lived as husband or wife or civil partner for at least 2 years prior to the death, parents, grandparents and great grandparents or theses treated as parents by the person who died, children including adopted or treated as their own child, brother,sister, aunt or uncle and their children.

Time limits

Generally, there is a time limit of 3 years from the date of death to make a claim.  There are exceptions to this such as where a dependancy claim is being made for a minor who will have until their 21st birthday to make the claim.

It is important that you seek advice as soon as possible to ensure that you do not run out of time to make a claim.

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