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Fatal Accident Compensation Claims

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Our Services In Fatal Accident Claims

Last updated on 12th December 2025. Losing a loved one can be hugely devastating, especially if they suffered a wrongful death. Your family could be experiencing detrimental emotional and financial impacts, often leading to feelings of grief, anger and financial hardship. However, fatal accident claims can help you secure compensation for lost income, childcare and funeral costs. 

We completely understand that during such a challenging time, the last thing you might be thinking about is making a fatal accident compensation claim; but it can crucially offer financial redress, helping you to cover any losses you have incurred. Additionally, a claim could offer bereavement damages, whilst also holding the responsible parties accountable. Under certain legislation, claims can be made for the pain, suffering and any financial losses to your loved one, before death. Moreover, if you are a close relative, you could claim for the impact that losing a loved one has had on you. 

Here at Legal Expert, our solicitors have years of experience in fatal injury compensation claims, and can handle the entire claims process on your behalf. From creating a strong body of evidence, to discussing the claim with the relevant parties, our solicitors will work tirelessly on your behalf. Continue reading to learn more about fatal injury claims. 

Your Need To Know Questions Answered

  • Who Can Make Fatal Accident Claims? The deceased’s estate can claim for prior pain, suffering and lost earnings (occurring between the accident and their passing). In addition, dependents of the deceased (qualifying relatives) can claim for bereavement and the impact of losing a loved one. 
  • What Types of Accidents Can Lead to Fatality? Fatal accident claims could be made following a road traffic accident, accidents at work, public liability accidents or even as a result of medical negligence.
  • How Much Can I Claim as A Bereavement Award? Under the Fatal Accidents Act 1976, qualifying relatives can receive a bereavement award of £15,120.
  • Is There a Fatal Accident Claims Time Limit? Yes, generally relatives have up to 3 years from the death date, or the date on which the death was linked to negligence. The estate can claim for the deceased’s pain and suffering for up to 6 months following their passing.
  • Does a Life Insurance Policy Nullify a Fatal Accident Claim? No, even if the deceased held a life insurance policy, you could still make a claim.

Get in touch with our advisors today for a free case check; where you could be connected with one of our expert solicitors.

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Key Takeaways

Who can claim

Fatal accident claims can potentially be made by the estate of the deceased, as well as certain qualifying dependants including spouses, children and grandchildren.

First 6 months

In the first 6 months of someone’s passing, only the deceased’s estate can make a claim for any pain, suffering and financial loss.

Claims by the estate

Estates can also make fatal injury claims on behalf of eligible dependants.

After 6 months

If the estate doesn’t make a claim during the 6-month period, qualifying relatives can seek compensation for how they were affected by a loved one’s death.

What compensation can cover

A fatal injury compensation payout may cover funeral expenses, lost income and a bereavement award.

The Eligibility Criteria For Fatal Accident Claims

Fatal accident claims must meet a set of criteria in order to be valid. This means that:

  • A third party must have owed a duty of care to the deceased
  • They must have failed to act in accordance with their duty
  • This caused the person’s death

You can keep reading our guide to find out who qualifies to claim compensation for a fatal accident. We also invite you to contact an advisor from our team who can assess your eligibility to proceed with the representation of an experienced No Win No Fee solicitor.

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Claiming On Behalf Of A Loved One

Sometimes it isn’t immediately clear who can make a compensation claim after losing a loved one in a fatal accident. Numerous laws exist that allow loved ones and relatives to pursue a claim, and below, we’ve summarised them for you. 

The Law Reform (Miscellaneous Provisions) Act 1934

The Law Reform (Miscellaneous Provisions) Act 1934 outlines the rights of the deceased’s estate to make a claim on behalf of the individual who has passed. This applies to a 6-month period following the death.

The estate can claim compensation relating to:

  • General damages, for the deceased person’s pain and suffering
  • Special damages, for financial losses related to the incident
  • Funeral costs
  • A dependency claim

We define these terms and provide further details in the next section.

The Fatal Accidents Act 1976

Under the Fatal Accidents Act 1976 (FAA), qualifying relatives can start a claim if the estate has not done so on their behalf within 6 months after the death occurred.

This allows the recovery of costs relating to:

  • Funeral costs
  • A bereavement award
  • The loss of financial dependency

These terms will also be outlined in the next section, so please keep reading to learn more about the different types of compensation that apply to fatal accident claims.

How Much Compensation For A Fatal Accident?

Compensation for fatal accident claims can cover a variety of losses. The estate can claim damages on behalf of the deceased. These include general damages, which cover the pain and suffering the deceased experienced due to injury.

We have provided some figures from the Judicial College Guidelines (JCG) below. Legal professionals may use this document when assessing general damages, as it pairs different types of injury with compensation guideline brackets.

Please note that the following provided brackets do not confirm the amount of compensation you might receive in a successful claim. If you would like a better idea of what your compensation could cover, please contact our helpful team of advisors. They can discuss the specific nature of the case and perform a free case assessment.

The first figure we have listed was not taken from the JCG.

Fatal Accident Compensation Amounts and Payouts

  • Fatality plus add-on claims
    Up to £550,000 and over
  • Tetraplegia or quadriplegia
    £396,140 to £493,000
  • Paraplegia
    £267,340 to £346,890
  • Very severe brain damage
    £344,150 to £493,000
  • Injuries resulting in death, full awareness
    £15,300 to £29,060
  • Statutory Bereavement Award
    £15,120

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Dependency Claims

Those who qualify to make a dependency claim include:

  • The estate of the deceased
  • A current or former spouse/civil partner
  • A child or descendant of the deceased (including stepchildren)
  • A parent or ascendant of the deceased (including a step-parent)
  • A person who lived with the deceased as a spouse for two years prior to their death
  • An uncle, aunt, sister or brother of the deceased and their children

These individuals could make a claim for:

  • Loss of consortium- this can refer to the loss of an important relationship, such as one that is familial or romantic
  • Loss of dependency- this covers a dependent for the loss of the deceased’s income
  • Loss of services- this covers the services that the deceased provided, such as childcare

Bereavement Award

The FAA also allows qualifying relatives of fatal accident claims to seek bereavement damages. This is a fixed sum of £15,120 that can be split if multiple relatives claim it. Those who qualify for bereavement damages include:

  • A spouse or civil partner
  • Parents- this only applies if the deceased was unmarried and under the age of 18. If this is the case and they were also born outside of wedlock, the mother can claim.
  • A person who lived with the deceased for 2 years before their death and lived as a spouses

We understand that there are a lot of factors to consider when it comes to compensation for fatal accident claims. Please reach out to an advisor if you have any queries about the different types of damages and losses you could claim.

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What Types Of Fatal Accidents Can We Help With?

Our expert solicitors are able to help support you with a range of accident types. Below, yoi 

Road Traffic Accidents

All road users owe each other a duty of care when on the road. This applies to drivers, motorcyclists, cyclists and passengers. The duty of care means that they must act according to laws that aim to protect people from suffering harm and losing their lives to the likes of dangerous driving.

Key guidance and laws include the Highway Code and the Road Traffic Act 1988. When these are not followed and a person sustains an injury as a result, they could have a valid road traffic accident claim.

Accidents At Work

You could also seek compensation for an accident at work where the employer failed to carry out their duty of care. This is outlined by the Health and Safety at Work etc. Act 1974 (HASAWA), which requires your employer to take reasonable steps to help ensure the safety of workers.

Public Liability Claims

When using a public space, the occupier owes you a duty under the Occupiers’ Liability Act 1957 (OLA). The occupier refers to the person in control of the space, such as a manager or landlord. They must take the necessary steps to ensure the reasonable safety of visitors.

This area also extends to rarer fatal incidents, like helicopter accidents and plane crashes. 

Medical Negligence

Medical negligence occurs when someone suffers unnecessary harm due to a medical professional failing to meet the minimum standard of care. All medical professionals owe you a duty of care when they are treating you.

Criminal Injuries

You could also be eligible to claim compensation for a fatality related to a criminal injury through the Criminal Injuries Compensation Authority (CICA). This is an agency that compensates victims of violent crimes.

Compensation may be awarded to a relative or loved one who found the victim after the incident, who may have been attacked and killed, leading to a murder or manslaughter charge.

If you have any questions about claiming compensation for a fatal accident, please do not hesitate to contact our team of advisors. They have experience in handling cases of this nature and will approach your enquiry with the empathy it deserves.

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What Evidence Is Needed To Prove A Fatal Injury Claim?

Proving a fatal injury claim relies on clear, well-documented evidence that shows how the incident happened, who was responsible, and how the loss has affected the family.

The process usually begins with official records such as a post-mortem report, medical notes, and the death certificate. These documents help establish the cause of death and whether earlier mistakes or unsafe conditions contributed to it.

Accident reports, photographs, CCTV, and witness statements are also important because they show what occurred in the moments leading up to the incident.

In cases involving employers or organisations, safety records, risk assessments, and training logs can show whether duties were breached.

Financial documents, dependency evidence, and proof of household contributions help quantify the practical impact of the loss.

If you’d like help or advice on gathering evidence to support a fatal accident compensation claim, reach out to us today. 

How Our Fatal Accident Solicitors Can Help

Our fatal accident solicitors are experienced in handling fatal accident claims. We have already helped our clients gain a total of over £80 million in compensation. We understand that this is a difficult process, so our solicitors offer excellent services to help make the process easier for you. These include:

  • Assisting you with the gathering of evidence to strengthen your claim (this includes taking witness statements)
  • Contacting relevant experts for their opinions
  • Negotiating your compensation with the aim of giving you the option to settle outside of court
  • Helping you to understand legal processes and detailing anything that you are unsure of
  • Approaching your claim with the dignity and empathy that it deserves

Our solicitors can offer eligible claimants their services under a Conditional Fee Agreement (CFA). This No Win No Fee contract means you can get legal representation without having to pay a service fee for their solicitor’s work:

  • Prior to the start of the claim
  • While the claim is ongoing
  • In the event that the claim is unsuccessful

If you do receive compensation, you will then need to pay a success fee. This refers to the percentage of your compensation that you owe to your solicitor. There is a legal cap in place to ensure that most of the compensation stays with you.

Please do not hesitate to contact our advisors with any questions you may have about starting a claim. They have experience in handling similar cases, so they can advise you of the next steps if you are eligible to proceed.

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Frequently Asked Questions (FAQ)

Below, you can find answers to some common questions on fatal accident claims:

Is There A Deadline For Making A Fatal Accident Compensation Claim?

Typically, the legal time limit means that you must start the claim within three years from the date that death occurred or the date that it became clear the death was a result of a party’s negligent actions. For example, the cause of death may not become clear until an inquiry or post-mortem has been performed.

Compensation can help many people to focus on the grieving process and look forward. It can help people recover from the financial impact they may have suffered. Some lose out on income due to time taken off work, or have to pay funeral costs.

Unfortunately, we cannot provide a time frame for your claim. Many factors could impact the length of time taken to claim, such as:

  • Whether or not your claim goes to court
  • How busy the court schedule is
  • The nature of the fatal injury
  • The amount and type of evidence that you need to provide
  • Whether the defending party admits liability

A solicitor will typically aim to settle your claim outside of court as this is a much quicker process. However, there is a chance that your claim could go to court. If this were the case, your solicitor would discuss the details with you prior to court proceedings. You can also speak with one of our advisors if you would like more information about this. 

Most fatal accident claims must be started within three years of the date of death, or from the date the family first became aware that negligence may have played a role. In medical negligence cases, the three-year period may begin later, depending on when the true cause of death is confirmed. Seeking advice early helps protect key evidence.

Yes. Reasonable funeral expenses can be included within a fatal accident claim. This can cover burial or cremation fees, the funeral service, and other essential costs. These expenses are usually recovered through the dependency claim or the estate.

A dependency claim compensates people who relied on the person who died for financial support, daily care, or help around the home. Eligible dependants may include a spouse, civil partner, long-term partner, children, parents, or anyone who can show genuine dependence. The claim can cover loss of income, childcare support, domestic help, and future financial needs.

Yes. Employers must follow strict health and safety laws, and a fatal accident at work may lead to a compensation claim if the employer failed in their duty. Unsafe working conditions, poor training, faulty equipment, or ignored risk assessments can all point to negligence. Investigations by the HSE may also support the claim.

You may still be able to claim. For fatal road collisions involving uninsured or untraceable drivers, the Motor Insurers’ Bureau can step in to provide compensation. In other situations, a claim may be made against an employer, organisation, local authority, or property owner responsible for the unsafe environment.

Yes. A civil claim can continue during an inquest or criminal case. While an inquest does not decide fault, it often provides valuable information about how the death occurred. Criminal proceedings may also help establish wrongdoing, which can support the civil compensation claim.

If liability is accepted early, interim payments may be available to help with immediate financial pressures, including funeral costs and household bills. Families can also access emotional and practical support from bereavement charities such as Cruse. Your solicitor will guide you through the available resources and options.

Useful Resources

If you’re looking for more help and support following a fatal injury to a loved one, these resources below may help: