Making a fatal accident injury claim

In our latest update, we discuss the sensitive matter of accidents where someone has died and when a fatal accident injury claim might be made. 

If this is something that has impacted you and you are considering talking to one of our team about a fatal accident injury claim please be assured that your contact with us will be treated with the utmost confidentiality and compassion by our experienced personal injury lawyers.

What is a fatal accident?

Fatal accidents can occur from a range of tragic events, such as car accidents, accidents at work or as a result of substandard medical care. 

See our earlier blog Personal Injury Claims – What Can I Claim For? for further information on what constitutes an accident. 

Why make a fatal accident injury claim?

The dependents and Executors of the estate of someone who has died in an accident that wasn’t their fault (the Deceased) will primarily be focused on dealing with the emotional impact of the loss of a loved one, as well as some of the immediate arrangements which need to be put in place when someone dies. However, the Deceased may have family who were dependent on them, for example, if the person who died was the main financial provider. 

The death of a loved one is a traumatic and tragic event in anyone’s life. The death of someone in a fatal accident is often extremely hard to come to terms with. A successful fatal accident claim in such circumstances does not alleviate the trauma associated with the loss of a loved one, but it can help to provide dependents with an element of financial security they may not otherwise have.

From an emotional perspective, it may also provide the family of the deceased with some closure, as well as with answers and support through the process of an inquest and expert reporting. 

Who can make the claim on behalf of someone who has died in an accident?

A fatal accident claim is a right of action brought for a wrongful act which has caused someone’s death. This could be as a result of a car accident or medical negligence, for example.

The dependents of someone who has died in a fatal accident may be able to bring a claim for compensation. The Fatal Accidents Act sets out who qualifies as a dependent:

1. The wife, husband or civil partner of the Deceased
2. Anyone living with the Deceased immediately before their death
3. Anyone living with the Deceased for 2 years before their death
4. Any biological child of the Deceased
5. Any other child treated by the Deceased as their own child
6. Any parent or grandparent of the Deceased
7. Any sibling of the Deceased (brother, sister, uncle, aunt, etc)

Even if the person who has passed does not have family who were dependent on them, the Executor may still be able to bring a claim on behalf of the deceased’s Estate against the insurer of the person, company or organisation who caused the fatality. 

What can be claimed for? 

The details of what can be claimed for are set out in The Fatal Accidents Act 1976. There are different forms of compensation which can be brought for under this statute: 

1. Statutory Bereavement Award
2. Loss of Consortium (also known as loss of a special person)
3. Loss of Past and Future Financial Dependency on the Deceased’s income
4. Loss of Past and Future Services Dependency on the Deceased’s services

A Statutory Bereavement Award is the fixed sum awarded by the court for successful claims, which has recently increased to a paltry £15,120. This law is up to date at the time of writing this article (May 2022) but is under review. 

There is the potential to make a claim for dependency on the deceased person, which can include a portion of their income, loss of care, funeral costs, probate costs and many other costs. The law surrounding fatal accident claims is extensive and the assessment of the level of dependency and what can be claimed for is evaluated on a case-by-case basis. 

How we can help?

At Thatcher + Hallam we have extensive experience in running fatal accident claims, on behalf of Executors and bereaved dependents, with compassion and complete empathy. 

For a free, no obligation discussion with our personal injury lawyers about a fatal accident claim, call Thatcher + Hallam on 01761 414646. 

Alternatively you can make an appointment to attend our free legal surgery – click here for further details. 

We are proud to offer No win, no fee funding as standard for all fatal accident claims.