Fatal Accident Claims

No amount of money can ever make up for the sudden loss of a loved one. But when you’re facing the unthinkable, a fatal accident claim can provide essential financial support in these difficult times. Holding those responsible to account can also bring a sense of closure and justice to grieving families.

At Osbornes Law, we have a compassionate team of expert fatal accident solicitors who specialise in helping those who were financially dependent on the deceased. With our help, you can be confident of making ends meet after the death of your loved one and get access to compensation as soon as possible.

We understand that you are in an emotionally distressing situation. We go beyond legal advice to support your family through your changing circumstances.

Who can make a fatal accident claim?

Husbands, wives and children who have lost their spouse/parent in an accident that was someone else’s fault may be able to claim fatal accident compensation. Other relatives, including ex-partners and non-biological dependants may also be able to claim if they were financially dependent on the deceased.

It is important to seek legal advice to determine if you have a valid fatal accident claim. Our team of experienced solicitors can quickly assess your situation and advise if you have a claim.

What types of accidents can be claimed for?

Any accident that results in a fatality and was caused by someone else’s negligence can potentially be claimed. This includes:

• • Accidents at work
  • Road traffic accidents
  • Accidents in public places
  • Criminal assault
  • Medical negligence

Fatal accidents are sadly very common. According to the latest data from the Department of Transport, Health & Safety Executive, British Safety Council and Office of National Statistics, each year there are an estimated:

• 740 fatal car accidents (driver and passengers)
• 395 pedestrian accident fatalities
• 319 motorcycle accident fatalities
• 83 cyclist fatalities
• 135 fatal accidents at work
• 2 slip, trip and fall fatalities
• 696 victims of homicide /criminal assault

Mistakes made by doctors also cause a significant number of deaths each year. While there is no official data on the number of medical negligence fatalities, some reports warn that mistakes may contribute to 22,000 deaths a year. Medication errors alone may be responsible for about 1,700 deaths annually.

Some fatal accidents are just that: tragic accidents where no one is to blame. However, where negligence is involved, you may be eligible for compensation.

What is the process for making a fatal accident claim?

We know that money cannot replace the loss of a loved one. However, we can help ensure that you are not worse off financially by getting you the compensation you deserve.

While the exact process depends on the type of claim, you can expect the following steps:

A free consultation or home visit

The first step towards making a fatal accident claim is to contact our fatal accident solicitors. Your first consultation is free. We use this time to listen to your story, understand what type of support you need from us, and decide which is the best route for you to pursue compensation.

You are under no obligation to make a fatal accident claim with us. Should you choose to do so, we will guide you step-by-step through the claims process in plain English.

Holistic support

While building your legal claim, we’re here to support you beyond legal advice. We can arrange bereavement counselling, financial guidance, or connect you to the many excellent charities we partner with.

Interim payments

If the person or organisation responsible for the accident accepts liability, we can apply for early payments to help you cover urgent costs, instead of waiting until the end of your case.

Negotiating your compensation

We work hard to negotiate a fair settlement for you. Most claims are resolved without going to court, but we’re ready to represent you in trial if needed.

What does a fatal accident claim cover?

When a loved one tragically passes away due to an accident, pursuing a fatal accident claim can provide essential financial support. This type of claim includes several components to ensure families are compensated fairly for their loss. Below is an outline of the main elements covered in a fatal accident claim.

Bereavement payment

A Bereavement support payment is a fixed sum of £15,120 available to specific family members, such as the spouse, civil partner, or parents of a deceased child under 18. While the amount is predetermined, it must be actively claimed, often with the help of a solicitor to ensure eligibility requirements are met.

Dependency claims

Dependency claims aim to provide financial stability for those who relied on the deceased’s income and contributions. Calculations take into account the deceased’s earnings, future potential income, and the dependants’ ongoing needs. A multiplier is then applied to estimate the long-term financial impact on dependants. Adjustments may also be made to cover the value of non-financial contributions, such as childcare or household tasks, that now require replacement.

Funeral expenses and associated costs

The costs of funerals, including burial or cremation fees, memorials, and related arrangements, can be significant. Families can recover these expenses as part of a fatal accident claim, helping to ease the financial burden during an already difficult time.

Estate-related claims

If the deceased experienced pain and suffering before passing or incurred financial losses such as medical bills or travel costs, the estate can claim these as part of the compensation. Any amount awarded under this category is distributed according to the deceased’s will or the rules of intestacy. The total amount recovered becomes part of the deceased’s estate and will be distributed according to their will or, in the absence of one, the rules of intestacy.

How long do I have to file a fatal accident claim?

The usual time limit for making a fatal accident claim is three years from the date of death. However, there are some exceptions to this rule, such as:

• If the deceased was under 18 at the time of their death, the three-year period may start from their 18th birthday.
• If you were not aware that your loved one’s death was caused by someone else’s negligence, you may have three years from the date you found out that their death was not a result of natural causes. This is often relevant in industrial diseases claims, where it may be some time before you connect your loved one’s death by COPD, for example, with the conditions of their employment.

It is important to speak to a specialist fatal accident lawyer as soon as possible to ensure you do not miss any deadlines.

How much compensation can I receive for a fatal claim?

Fatal accident compensation can be confusing because there are various statutory awards and compensation claims that can be made. Our lawyers will take into account your exact circumstances to ensure you receive the amount of compensation you are eligible for.

The amount of compensation depends on several factors, including the type of claim, the relationship between the claimant and the deceased, and the financial and practical losses suffered as a result of the death. For example, bereavement awards are fixed sums, while dependency claims are more complex, taking into account the deceased’s income, age, life expectancy, and the duration of financial dependency. Funeral expenses and other estate-related claims can also affect the final amount.

Every case is unique, and understanding these factors requires expert legal guidance. We have a detailed article on fatal accident compensation amounts that delves into these calculations and includes examples of how different factors can impact the total compensation.

How long do I have to file a fatal accident claim?

The usual time limit for making a fatal accident claim is three years from the date of death. However, there are some exceptions to this rule, such as:

• If the deceased was under 18 at the time of their death, the three-year period may start from their 18th birthday.
• If you were not aware that your loved one’s death was caused by someone else’s negligence, you may have three years from the date you found out that their death was not a result of natural causes. This is often relevant in industrial disease claims, where it may be some time before you connect your loved one’s death by COPD, for example, with the conditions of their employment.

The months following the passing of a loved one can be a busy and emotionally draining time. However, we recommend that you contact a fatal accident solicitor soon as you can so that we can begin working on your case before the deadline.

What’s the law relating to fatal accident claims?

Fatal accident claims differ from other types of personal injury claims because there are two separate routes to compensation:

• Claims brought by the dependants of the deceased under the Fatal Accident Act 1976.
• Claims made by the deceased’s estate under the Law Reform (Miscellaneous Provisions) Act 1934.

Often, these groups of claimants are the same people. For example, it is common for the executors and beneficiaries of a deceased’s estate to also be the spouse or children of the deceased.

Most fatal injury claims are made under the Fatal Accidents Act 1976. However, you do not have to select one route or the other. In many cases, it will be possible to pursue both avenues to compensation at the same time.

The Fatal Accident Act 1976

Following a fatal accident, the dependents of the deceased can make a claim for compensation. The amount is not for the death of the deceased person themself, but for the financial losses of those who were financially dependent on them. Dependants can include:

• Husband or wife of the deceased.
• Former husband/wife of the deceased.
• Civil partner/ former civil partner to be of the deceased.
• Cohabiting partner living with the deceased for more than two years.
• Child, grandchild or step-child/grandchild of the deceased.
• A person who was treated as a child of the deceased’s marriage, even if they were not biologically related.
• Parent or grandparent of the deceased.
• Sibling, aunt, uncle, nephew, niece or cousin of the deceased.

Law Reform (Miscellaneous Provisions) Act 1934

Fatal accident claims made under the Law Reform (Miscellaneous Provisions) Act 1934 are often called victim claims, as you will be claiming compensation on behalf of the person who died. It is an amount which, if your loved one had survived their injuries, they would have been able to claim in their own right.

Suppose, for example, that your loved one did not die straight away in the accident. You may be able to claim for lost wages and medical expenses between the time of their injury and their death.

Claims by the estate are determined in the same way as other types of personal injury claims. This means the estate must prove that:

• The accident was caused by someone else’s negligence
• The accident caused the injury the deceased died from, and
• The deceased would have been able to make a personal injury claim if they had survived.

What happens at an inquest?

Whenever there is a sudden, violent or unexplained death, the incident is reported to the coroner. The coroner is a doctor or a lawyer who is appointed by the local authority to investigate the cause of death.

The inquest is a fact-finding inquiry into how the person died. The coroner will look at all the evidence, which might include medical reports, post-mortem reports, police reports and witness testimony. Based on this information, the coroner will return a verdict such as death by natural causes, accidental death or industrial disease.

The inquest does not seek to blame anyone for the death and it does not award personal injury compensation. However, the coroner may criticise a person or organisation if they believe it is necessary. The verdict can often help with proving liability in a fatal accident claim.

The important thing to know about inquests is that family members are permitted to attend and ask questions of the witnesses. Most families prefer to have their legal team attend the inquest as the evidence can be upsetting.

Our fatal accident solicitors are happy to attend inquests on your behalf and raise any questions that may later assist in a fatal accident compensation claim. While we don’t have to attend inquests, it is very useful to do so as they allow an early insight into the possible strengths and weaknesses of your case.

Specialist fatal accident solicitors

Fatal accident claims can be complicated, so it’s important to have an experienced and knowledgeable team on your side.

For over 50 years, our serious injury claims team has been helping relatives make fatal accident claims, in situations just like yours. Our expertise stands out for several reasons:

• We only ever act for the relatives and dependants following a fatal accident, not those who caused the death of a loved one.
• We have an extensive track record of winning high-value fatal accident claims.
• We are a proud partner of the Association of Personal Injury Lawyers and support their campaign to lobby for higher statutory bereavement support payments following a fatal accident, as we believe reform of this system is overdue.
• We are authorised by the Solicitors Regulation Authority, so you can rest assured that we adhere to a strict code of professional conduct.
• We are consistently top-rated by independent legal directories for our reputation as specialists in the field of fatal accident claims.
• We seek interim payments for grieving families, bringing financial security to the family as soon as possible.
• No win, no fee funding options mean that you won’t have to pay anything in the unlikely event your claim is unsuccessful.

Do I need a fatal injury solicitor near me?

No, we make claims for clients from all over the UK. Take a look at our client stories to get a better feel for fatal injury claims we handle. If you aren’t sure whether we can help then, please, just give us a call on 020 7485 8811 or fill in the contact form below.