Fatal accident claims: Who can claim and what to expect

When a loved one dies unexpectedly due to someone else’s negligence, a fatal accident claim can help families seek justice and obtain compensation. Our Personal Injury team understand how devastating a loss can be and are here to help families in England and Wales navigate this complex process.

Understanding fatal accident claims

A fatal accident claim is brought when a person dies due to the wrongful act, neglect, or default of another. These claims are made under the Fatal Accidents Act 1976 and may also be brought under the Law Reform (Miscellaneous Provisions) Act 1934. Compensation aims to support the deceased’s dependants and cover the financial losses and ease the emotional impact caused by the death.

Claims may arise from incidents including:

• Road traffic collisions.
• Workplace accidents.
• Industrial disease.
• Medical negligence.
• Public liability incidents.
• Criminal acts.

Who can bring a fatal accident claim?

Only specific individuals are entitled to bring fatal accident claims. Eligibility is defined by the Fatal Accidents Act 1976, which identifies the following potential claimants:

• Spouse or civil partner of the deceased.
• Former spouse or civil partner (in some cases).
• Children or descendants (including adopted children).
• Parents and grandparents.
• Siblings, aunts, uncles, and other relatives who were financially dependent on the deceased.
• Cohabiting partners (who lived with the deceased for at least two years immediately before the death).

The claim can be brought by the personal representative of the deceased’s estate, or by one or more of the qualifying dependants.

Types of compensation in fatal accident claims

Compensation in fatal accident claims generally includes the following elements:

1. Bereavement award: A statutory sum (currently £15,120 as of 2024) but limited to eligible claimants such as the spouse, civil partner, or parents of a deceased minor. See Section 1A of the Fatal Accidents Act 1976.
2. Dependency claims: Covering financial loss suffered by dependants who relied on the deceased’s income or services (such as childcare or housework).
3. Funeral expenses: Reasonable costs associated with arranging and holding the funeral.
4. General damages: Under the Law Reform Act 1934, for the deceased’s pain and suffering before death (brought by the estate).

Time limits for bringing a claim

Under the Limitation Act 1980, a fatal accident claim must generally be brought within three years from either:

• The date of death.
• The date the claimant became aware that the death was caused by negligence.

In some cases, especially where criminal proceedings or inquests are ongoing, time limits can be more flexible. Legal advice should be sought as soon as possible to avoid missing deadlines.

The legal process: What to expect

Bringing a fatal accident claim can feel overwhelming during a time when a family is grieving, but using a specialist personal injury solicitor can help. Typically the process involves:

1. Initial consultation: Speak with a solicitor to determine your eligibility and understand your rights.
2. Investigation: The solicitor will obtain medical records, accident reports, witness statements, and any police or inquest records.
3. Instructing experts: In complex cases, experts may be needed to assess liability, advise on medical issues, or value the dependency loss.
4. Letter of Claim: Writing to the defendant or their insurer, outlining the allegations and seeking compensation.
5. Negotiation: The majority of cases are resolved through negotiation and settlement.
6. Court proceedings: If no settlement is reached, a claim may be issued in the civil court.

At every stage, solicitors must act in the best interest of the family and keep you informed throughout the process.

Case scenario: Fatal workplace injury

A 39-year-old man was fatally injured on a construction site due to a scaffolding collapse. His partner and two children were financially dependent on him. Through a fatal accident claim, the family secured:

• A bereavement award.
• Substantial dependency compensation based on his future loss of earnings.
• Funeral expenses.

The claim was resolved by negotiation with the employer’s insurer, avoiding a trial and allowing the family to focus on their loss and trying to rebuild their lives.

Expert insights on fatal accident claims

Solicitors specialising in fatal accident claims in England and Wales consistently highlight the importance of:

• Early legal advice to preserve evidence and meet deadlines.
• Careful calculation of financial dependency loss.
• Managing parallel investigations (e.g. inquests, police reports).
• Compassionate, clear communication with grieving families.

Legal professionals also advise that families should be cautious of early settlement offers that risk undervaluing the claim.

At Fosters, we are here to support those who have tragically lost somebody close to them because of the negligence of another. Losing a loved one is devastating, and we appreciate that in these circumstances bringing a claim for compensation is probably the last thing on your mind. Our Personal Injury specialists are able to support you with a potential claim, which may include compensation for lost income, bereavement and funeral costs.

Contact us for more information.

Benefits and challenges of bringing a fatal accident claim

Benefits:

• Secures financial stability for dependants.
• Provides recognition of wrongdoing or negligence.
• Contributes to closure and justice.
• Can influence workplace or policy improvements.

Challenges:

• Emotional toll of revisiting traumatic events.
• Delays due to inquests or investigations.
• Complex legal and evidential requirements.

Despite the difficulties, many families find the process valuable and empowering with the right legal support.

Frequently asked questions about fatal accident claims

What is a fatal accident claim?

A fatal accident claim is a legal process whereby relatives or dependants of someone who has died due to another party’s negligence seek compensation for their loss under UK law.

Who is eligible to bring a fatal accident claim?

Spouses, civil partners, cohabiting partners (2+ years), children, parents, and other relatives who can prove a financial dependency, can bring a claim under the Fatal Accidents Act 1976.

How much compensation can be awarded in a fatal accident claim?

Compensation varies depending on financial dependency, funeral costs, bereavement awards (£15,120 as of 2024), and general damages for the deceased’s pain and suffering.

What are the time limits for fatal accident claims?

Claims must generally be brought within 3 years from the date of death or the date you became aware of negligence. Exceptions apply in certain circumstances.

Is legal aid available for fatal accident claims?

Legal aid may be available for related inquests. For civil claims, solicitors usually work on a No Win, No Fee basis (Conditional Fee Agreement).

What is the bereavement award and who receives it?

The bereavement award is a fixed sum of £15,120. It is usually awarded to the spouse, civil partner (2+ years), or the parents of a child under 18.

What evidence is needed for a fatal accident claim?

Key evidence includes medical records, death certificates, coroner’s reports, witness statements, financial documents, and expert reports – medical and non-medical.

This article was produced on the 15th October 2025 for information purposes only and should not be construed or relied upon as specific legal advice.