Fatal Accident Claims Explained: Who Can Claim and What Happens?

When an accident results in a fatality, it is devastating for the family and friends of the person who has passed away.  No amount of compensation can make up for losing someone you love, but pursuing a fatal accident claim can help to ease the financial pressure and make the future slightly easier to navigate.

Table of contents - Jump to specific sections below

• What is a fatal accident claim?
• The Law Reform (Miscellaneous Provisions) Act 1934
• The Fatal Accidents Act 1976
• Who can claim?
• What can be claimed?
• How do I prepare to make a claim?
• The process of making a claim
• Funding
• Next Steps

What is a fatal accident claim?

A fatal accident claim may arise when someone dies as a result of negligence or a breach of duty. 

To find out more, visit our Fatal Accident Claims page. 

In England and Wales, claims can be brought under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976. 

The Law Reform (Miscellaneous Provisions) Act 1934

The Law Reform (Miscellaneous Provisions) Act 1934 allows the personal representatives or executors of a person’s estate to claim for any losses the deceased suffered up until the moment they passed away.  

For example, if someone is injured in an accident but lives for 2 weeks before passing away as a result of their injuries, their estate can claim for the pain and suffering they suffered for those 2 weeks, as well as any financial losses they suffered in those 2 weeks, such as loss of earnings, medical expenses and care.  You can also claim for funeral expenses. 

Probate costs are not recoverable unless Probate was required to bring the claim.

The Fatal Accidents Act 1976

The Fatal Accidents Act 1976, on the other hand, allows dependents of the deceased to claim for losses suffered after death. 

In practice, this can be very broad but can involve claims by dependents for loss of financial dependency and/or loss of services. In addition, claims can also be made for a bereavement award and funeral expenses.

Who can claim?

Under the Fatal Accidents Act 1976, dependents can pursue a claim; commonly this will be children or a surviving spouse. However, individual circumstances are considered. 

For example, if the deceased cared for their parents or grandchildren, a claim can be made on behalf of the parents or grandchildren for the loss of the care that the deceased used to provide to them and for the funds that the parents or grandchildren will need to source that care elsewhere. 

Unmarried partners can also make a claim, provided they have lived with the deceased for more than 2 years prior to their death and were living together immediately before the date of death. If the deceased is a minor, their parents may be able to make a claim. 

What can be claimed?

A claim under the Fatal Accidents Act 1976 can be extensive, but may include:

• Loss of financial dependency (i.e. compensation for the fact that the deceased will no longer be financially contributing to the household), such as 

  • Future income including salary bonuses and projected future career earnings that the deceased would have earned and therefore contributed to the household had they lived

  • Financial Support that would have been provided by the deceased such as child or spousal maintenance, gifts, school or tuition fees etc. 

  • Pensions and benefits including employment perks

  • Savings and investments including dividends, or anticipated inheritances from accumulated wealth 

• Loss of services (i.e. compensation for the fact that the deceased will no longer be physically contributing to running the household), such as 

  • Domestic and household services such as chores, DIY, gardening, decorating, driving etc that the deceased would have done and which someone else will now have to do

  • Childcare including looking after the children’s school runs etc. 

• Bereavement award

  • The statutory bereavement award is a fixed sum of money that can be claimed for the benefit of a fairly narrow class of people to compensate them for the grief and suffering caused by the death of their loved one.  Those who can claim are:

    - The wife or husband or civil partner of the deceased

    - The cohabiting partner of the deceased

    - Where the deceased was a minor, who was never married and/or never had a civil partner, a parent or parents may be eligible depending on the circumstances. 

• Funeral expenses

  • Reasonable costs for a funeral including burial or cremation, headstone and service can be included in a claim if these have been paid for by the estate or dependants. 

How do I prepare to make a claim?

Pursuing a claim can be daunting, especially when you are already grieving. It is not necessary to make a claim straight away; in fatal accident cases, you would normally have 3 years from the date of the death to bring a claim.

However, this can vary so to ensure that you do not miss out on being able to make a claim, you should discuss the matter with a qualified expert as soon as you feel able to do so. 

In any event, it is also important, if you do wish to pursue a claim, that you approach a legal expert with plenty of time before the limitation period expires, so that they can assess your claim and prepare to issue it.

If you are considering making a claim it is useful to compile any evidence in relation to the accident. This can include: 

• Accident reports 

• Witness information 

• CCTV 

• Photographs of the accident site and/or injuries

• Employer records, if relevant

• Police records 

• Medical records, from GPs and hospitals, potentially dating back to birth where relevant

• Income records 

• Pension information

The process of making a claim

Making a claim can seem overwhelming; knowing what to expect can make the process easier.

1. Initial enquiry – when you approach Battens Solicitors, one of our experienced personal injury team members will speak with you to find out about your situation and what happened to your loved one. They will then assess whether you have the basis for a claim and what the best next steps would be.
2. Administrative steps – if it is determined that you do have the basis for a claim, a file will be opened, and, once the necessary identification formalities have been completed, you will be offered a meeting with a legal adviser who will take you through all the initial paperwork and obtain any further information that may be required.
3. Background investigation – once all the initial paperwork has been signed, we will undertake investigations into your claim which might include gathering and assessing evidence and undertaking an initial valuation of your claim.
4. Letter of claim – once we have sufficient information and evidence to present your case in the most persuasive way possible, a letter, called a Letter of Claim, will be sent to the party we say caused the death of your loved one setting out the situation and the allegations.
   The person or company who receives the Letter of Claim will usually have up to 3 months to undertake their own investigations before responding to tell us if they accept liability or not.
5. Liability – If liability is admitted, the process from thereon can be much quicker and more straightforward. We would enter negotiations with the party who has accepted liability and look to reach a settlement of the claim. If liability is denied, we might need to rely on expert evidence, such as medical reports or an expert that can assess the circumstances of the accident.
6. Court – If a compromise of the claim cannot be agreed, even after experts have reported, it might be necessary to ask the court to determine your claim, whether that be deciding whether the death of your loved one was caused by someone’s errors, or deciding how much compensation the responsible party should pay given the circumstances – it could be both.
   Negotiations can continue with the other party right up until a Court hearing, which can be a year or two after the court has issued your claim, and it is not unusual for offers to compromise the claim to be made even if liability is denied.
   In fact, both parties are strongly encouraged to try and settle matters outside of Court, and only a few cases actually make it to a Court hearing.
7. Settlement – Once an offer has been accepted or a court hearing has taken place, assuming your claim has been successful, you will receive your compensation.
8. Likely timescale – Overall, a claim can take a significant amount of time, with most claims taking no less than 12 and 24 months from beginning to end.

Funding

There are a range of funding options available to you to pursue a fatal accident claim, which our team can advise on. Most claims are funded on a Conditional Fee (no win, no fee) basis; however, it is important to explore all of your funding options, including whether you have legal expenses cover on your home or car insurance policies that might cover your legal costs of pursuing a claim. 

Next Steps

Our team at Battens Solicitors are experts in fatal accident claims. If you have lost a loved one in an accident or because of someone’s negligence, get in touch with our Personal Injury team for an initial discussion to see how we can assist by calling 0800 652 8373 or by emailing [email protected].