Fatal Accident Claims – An Overview

Fatal accident claims arise when someone has tragically died following an unexpected or unforeseen event, which was caused by the unlawful or negligent actions of a third party.

Who can make a fatal accident claim?

A claim can be brought against the negligent third party for:

• a) The benefit of the estate of the deceased person under the Law Reform (Miscellaneous Provisions) Act 1934. A fatal accident claim must be brought by the administrator or executor of the estate.
• b) The deceased person’s dependents under the Fatal Accidents Act 1976.

What compensation can be claimed?

• a) Under the Law Reform Act, the estate can claim for general damages for the deceased person’s pain and suffering prior to their death, any financial losses incurred by the deceased between the date of the accident and the date of death together with funeral expenses.
• b) Under the Fatal Accidents Act, a dependent or dependents of the deceased can claim for loss of past and future financial dependency on the deceased’s income and/or loss of past and future services dependency on the deceased’s services.

The Act sets out a limited class of people who can claim as a dependent and our specialist Personal Injury team can provide advice on whether you are eligible to make a claim.

Statutory bereavement award

A claim for statutory bereavement damages can be brought by the deceased’s husband/wife or civil partner or if the deceased was younger than 18 years of age and had never married or had a civil partner, their parents can claim the award.

For deaths that have occurred on or after 6th October 2020, a claim for a bereavement award may also be made for the benefit of a cohabiting partner who had been living with the deceased for at least two years before the date of death.

The statutory bereavement award is a set amount, which currently stands at £15,120.