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Home > Serious Injury Claims > Fatal Accident Claims

Fatal Accidents Claim – an Overview:

Fatal accident compensation is never going to turn the clock back but it will ease the financial crisis which often ensues following the loss of a loved one especially if they were the main breadwinner.

Fatal accident claims can arise in a number of different situations but they are perhaps more common in the context of work or road traffic fatal accidents and sometimes following surgical procedures. In the first instance, the family inevitably want to get to the bottom of what happened to their loved one and ensure that where necessary real lessons can be learned. A solicitor specialising in fatal accident claims will be able to carry out investigations with all interested parties with a view to obtaining answers, which may give the family some comfort, and of course establishing the prospects of succeeding with the fatal accident claim.

Who is able to Claim Fatal Accident Compensation?

The fatal accident claim legislation makes it clear that only certain categories of individuals are able to make a claim on the basis of financial dependency:

  • Wife or husband or former wife or husband
  • Civil partner or former civil partner
  • Any person living in same household for at least 2 years and was living as the husband or wife or civil partner of the deceased
  • Any parent
  • Any person who was treated as a parent
  • Any child or other descendant
  • Any person who was treated as a child of the family;
  • Any person who is the issue of brother, sister, uncle or aunt

How does the law approach the question of quantifying fatal accident compensation?

If the defendant has broken the criminal law then any punishment will be dealt with and administered by the criminal courts and it is the civil law that addresses the question of compensation. In general terms, the compensation is broken down into firstly, damages for any pain and suffering prior to the date of death including funeral and other financial losses expenses and secondly, compensation for the dependants on the basis of loss of financial support. There will also be a statutory award for bereavement which is currently £15,120 (as of July 2021) and this is paid regardless of whether there any other valid heads of the fatal accident claim.

The issues to be addressed in a fatal accident claim are clearly not straight forward and once you are ready to deal with matters we would invite you to contact us so we can help guide you through the process.