Fatal accident claims: who can bring a claim, and what compensation can be recovered?

Losing someone close to you is incredibly difficult, particularly when their death may have been caused by someone else’s actions or negligence. At such a distressing time, understanding your legal options can feel overwhelming.

A fatal accident claim may allow certain family members or dependants to seek compensation when a death was caused by someone else’s wrongful actions or failure to meet their legal responsibilities. Depending on the circumstances, compensation may cover funeral expenses, lost financial support and other losses arising from the death.

In this blog, we explain when a fatal accident claim may be possible, who may be eligible to bring a claim, what evidence may be needed and what compensation could be recovered.

When can a fatal accident claim arise?

Fatal accident claims can arise in many different circumstances, from road traffic collisions to accidents at work or medical negligence. The key consideration is whether the death resulted from a wrongful act, neglect or default that would have entitled the deceased to bring a claim had they survived. Common examples include:

• Road traffic accidents, where a collision caused by another road user results in a death.
• Accidents at work, where an employer may have failed to take reasonable steps to prevent a fatal incident.
• Criminal acts that result in a death.
• Medical negligence, where a patient dies as a result of negligent care or treatment. Examples may include a missed or delayed diagnosis of cancer, or a failure to carry out necessary emergency surgery.

Fatal accident law is intended to compensate rather than punish. Under the Fatal Accidents Act 1976, certain dependants may seek damages when a death was caused by a wrongful act, neglect or default that would have entitled the deceased to bring a claim had they survived.

Who may qualify as a dependant?

Not everyone who has lost a loved one will automatically qualify to claim compensation as a dependant. The law sets out specific categories of people who may be eligible, depending on their relationship with the deceased and the circumstances of the case. These may include:

• The deceased’s spouse or civil partner.
• A parent or grandparent of the deceased.
• A child or grandchild of the deceased.
• A sibling, aunt or uncle of the deceased, or a child of any of those relatives.

What compensation may be recovered?

The compensation available following a fatal accident or act of negligence will depend on the circumstances of the death and its impact on surviving family members. A claim may cover a range of losses, from funeral expenses and lost financial support to the value of the practical help the deceased would have provided. The types of compensation that may be recoverable include:

Statutory bereavement award – this is a fixed award of £15,120 and may apply where a death was caused by another person’s wrongful act, negligence or default. Eligibility is limited and may include a spouse, civil partner, qualifying cohabiting partner or, in certain circumstances, the parents of a child under 18.

Loss of financial dependency - if a dependant relied on the deceased’s income or pension, the resulting financial loss may form part of the claim.

Funeral expenses - reasonable funeral costs may be recoverable.

Loss of services- a claim may include the value of unpaid domestic support the deceased would have provided, such as childcare, cooking, cleaning, DIY or personal care.

Pain, suffering and loss of amenity - the deceased’s estate may be able to recover damages for pain, suffering and loss of amenity experienced before death.

Estate administration costs - in appropriate cases, certain costs incurred in administering the deceased’s estate may also be recoverable.

Loss of gifts - a claim may include the value of gifts the deceased would probably have made, such as birthday or Christmas presents.

What evidence may be needed for a fatal accident claim?

The evidence needed for a fatal accident compensation claim will depend on the circumstances of the death. It may include medical records, accident reports, witness statements, photographs, CCTV footage or health and safety records to help establish what happened and whether another person’s actions or negligence contributed to the death.

Financial documents, such as payslips, pension statements and household bills, may also be needed to assess the financial impact on surviving family members, including any loss of financial support or services the deceased would have provided.

We can help to identify the relevant evidence and obtain records from employers, healthcare providers or other organisations where necessary. Families do not need to have gathered all the evidence themselves before seeking legal advice.

Why choose Harrowells Solicitors?

Fatal accident claims call for legal expertise alongside a sensitive, personal approach. Our friendly and professional team will guide you through each stage with care, clarity and respect.

We have decades of experience supporting families following the loss of a loved one, including in complex and deeply distressing circumstances.

We may be able to act under a ‘no win, no fee’ agreement, meaning there are no upfront legal fees to pursue your claim. We will explain the terms and suitability of any funding arrangement clearly at the outset.

To speak to a member of our specialist team, contact Harrowells for a confidential initial conversation about your circumstances.