Fatal Injury Claims
£70 million in compensation
Fatal Injury Claims
Fatal Injury Claims Guide
Last updated 3rd September 2025. Our fatal accident claims guide can help you claim compensation as a dependent or on behalf of a deceased’s estate; you could be compensated for the impact of the death, lost earnings, loss of services and loss of a special person. You must also prove that the deceased’s death was a result of another party’s negligent actions, and this can be done via evidence such as CCTV footage, medical and police reports. Fatal accident claims should typically be made within 3 years of the death, and a No Win No Fee solicitor could help you secure compensation.
We start the guide by looking at the different types of fatal injury compensation claims that could be made and who can make them. We will then explain who is eligible to receive a bereavement award.
From this, we share the different types of accidents that could lead to someone suffering a fatal injury and the eligibility requirements that need to be met in order to make a fatal injury claim on behalf of the deceased.
Furthermore, we will explain the time limits that must be adhered to for fatal accident compensation claims. This guide will also share the different forms of compensation that could be awarded for successful claims.
We end this guide by looking at how one of our fatal accident claim solicitors might be able to take up your case on a No Win No Fee basis.
Our knowledgeable team of advisors are on hand now to address any questions you have as you read. They can explain any aspect of the claims process when seeking compensation after the loss of a loved one.
Who Can Make Fatal Injury Claims?
The Law Reform Miscellaneous Provisions Act 1934 allows the deceased’s estate to make a claim for pain and suffering the person experienced directly before death. A claim such as this can only be brought forward by the deceased estate. They are also the only party within the first 6 months following the death that can make a claim. This can be a claim for the deceased’s pain and suffering and on behalf of the dependents.
The dependants of the deceased can bring forward a claim after 6 months if the estate has made no claim on their behalf for how the death has impacted them. This is set out under the Fatal Accidents Act 1976 and states that the following relatives qualify as dependents:
- The wife, husband and civil partner of the deceased (either current or former).
- Any person who lived with the deceased as a spouse for a period of at least 2 years directly prior to the death.
- A parent or child of the deceased, as well as anyone who was treated as such by them (stepchildren or step-parents, for example).
- The aunt, uncle or sibling of the deceased, or any of their children.
Later in this guide, we will discuss the eligibility requirements that need to be met for fatal injury claims. To see whether you may be able to make a claim as the deceased’s estate or a dependent, you can contact our advisors.
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What Are Bereavement Damages?
Under Section 1A of the Fatal Accidents Act, certain family members can also claim a Bereavement Award from the Government if they qualify. This award is a lump sum of £15,120 which can be awarded to or split between the following:
- The parents of the deceased (if they were an unmarried minor).
- A wife, husband or civil partner.
- A person who cohabited with the deceased for at least 2 years prior to the death (as a husband, wife or civil partner).
What Happens After A Fatal Injury?
If a death is deemed to be suspicious, violent or unnatural, an Inquest may be held. This is a formal investigation carried out by a Coroner, and it aims to determine how and why someone died.
The Coroner’s conclusion is entered into the final death certificate. Because of this, the death certificate can provide useful supporting evidence of third-party negligence for fatal injury claims. It’s important to note that the Coroner’s findings cannot assign blame.
To see whether you may be able to claim compensation for a loved one’s death, you can contact our team of advisors.
What Types Of Accidents Could You Claim Compensation For?
Before we look at the types of accidents that could give rise to a compensation claim, there are eligibility criteria to be aware of. All fatal injury claims need to show:
- A care duty was owed to the deceased.
- This duty of care was breached.
- Because of this, the person suffered a fatal injury.
All three points need to be met in order to have a valid claim. Some examples of incidents that could lead to someone suffering a fatal injury include:
Accidents At Work
A duty of care is owed by all employers, as outlined within the Health and Safety at Work etc Act 1974 (HASAWA). It states that employers need to take practicable and reasonable steps to stop their employees from coming to harm as they carry out their jobs. Should an employer fail to meet the duty of care, a fatal accident at work may occur.
For example, a piece of machinery was faulty due to an employer failing to maintain it regularly. As a result, the machine malfunctioned, causing an employee to suffer a fatal electric shock injury.
Accidents In Public Places
Parties in control of areas accessible by the general public owe a duty of care. They are otherwise referred to as ‘occupiers’. This duty of care is outlined in the Occupiers’ Liability Act 1957. It states that occupiers have a responsibility to make sure that those who use their space for its intended purposes are reasonably safe. Failure to adhere to this duty of care could lead to a fatal accident in a public place.
For example, if a library failed to fix a faulty railing, this could cause some to suffer a fatal injury when they fell from a height.
Road Traffic Accidents
Every road user has a care duty to other road users. They need to navigate the roads safely and in a way that avoids causing harm to others and themselves. To comply with this duty, they must follow the Road Traffic Act 1988 and the rules within the Highway Code. A fatal road traffic accident may occur if a road user were to fail to adhere to their duty of care.
For example, if a drunk driver were to crash head-on with another road user, this could cause the other driver to be fatally injured.
Another example could be a fatal motorcycle accident where a motorcyclist is knocked off their bike by a driver who didn’t check their mirrors before moving
Medical Misdiagnosis
All medical professionals need to provide the correct standard of care when treating all of their patients. This is their duty of care. Should a medical professional fail to meet this expected standard, someone could be fatally harmed, which may lead to a fatal medical negligence claim.
For example, if a doctor misdiagnoses someone’s lung cancer as a chest infection, despite the person displaying clear symptoms, and fails to order further testing, this could lead to the cancer worsening and spreading to other parts of the body until it is untreatable. This could then lead to the person’s death.
If you have any questions regarding claims for fatal accidents, you can contact a member of our advisory team. They can also offer you free advice regarding the fatal injury claims process.
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We pride ourselves on providing the best service possible for our clients.
Is There A Time Limit For Fatal Injury Claims?
Typically, the standard time limit in fatal injury claims is 3 years from the date of death or from the date of knowledge. This can commence from the date of a postmortem or the date of an inquest.
If you have any questions about claiming fatal accident compensation on behalf of a deceased loved one, you can contact our team of advisors.
How Much Potential Compensation From A Fatal Accident Claim?
As aforementioned, the deceased’s estate can make a claim for the pain and suffering that the deceased experienced before their death.
The Judicial College Guidelines (JCG) may be used by those valuing this part of the fatal accident claim. The JCG provides compensation guidelines for a range of different injuries at varying severities.
Please note that the first line has not been taken from the JCG and that how much compensation may be awarded will depend on the specific factors of the case.
Compensation Award Brackets
Other Potential Financial Losses From A Fatal Injury Claim
Other forms of compensation that could be awarded in successful fatal injury claims include:
- Funeral expenses.
- Loss of consortium – Otherwise known as loss of a special person. This provides you with compensation that cannot be quantified financially elsewhere. It applies to the loss of companionship and the effects on a familial relationship.
- Dependency – This refers to the income brought in by the deceased person that you were dependent on. Importantly, an award here can include both past and future earnings.
- Loss of Services – This reflects the deceased person’s help with childcare, DIY or gardening, for example. A solicitor would be needed to quantify these amounts with you.
If you have any questions regarding the fatal accident claims process, such as how compensation is awarded, you can contact a member of our advisory team.
Why Choose JF Law?
You should choose JF Law to handle your fatal injury compensation claim because all of our specialist solicitors:
- Offer a No Win No Fee basis for all of their clients.
- Support you in any way they can.
- Have received the highest level of legal training.
- Have decades of combined experience in winning fatal injury claims for past clients.
- Are determined to get you the financial justice you deserve.
- Work remotely and can take on your claim no matter where you are based in the country.
Here is also all of the work that they can do for you throughout the claims process:
- Communicate with all of the relevant parties involved on your behalf.
- Help connect you with therapeutic specialists if needed.
- Negotiate for the fairest compensation value possible.
- Explain any legal jargon and send you any updates during the case.
- Ensure that your claim is filed within the limitation period.
- Sort out your legal representation if your claim proceeds to court (which is unlikely).
We know how hard fatal injury claims can be to make. Just know that we are available 24/7 for any support or claims advice you need. Please don’t hesitate to contact us at any time.
Can I Make A No Win No Fee Claim For A Wrongful Death?
Provided that your case is eligible, one of our solicitors could help guide you through the fatal injury claims process. They can do this by offering their services via a type of a No Win No Fee contract known as a Conditional Fee Agreement (CFA). Working with a solicitor under this arrangement comes with various benefits, including:
- No need to pay any upfront fees for your solicitor to start working on your case.
- No ongoing fees for their services as your claim develops.
- No fees for the solicitor’s finished work and services should the claim fail.
- A success fee will be taken from the compensation if the claim is a success. There is a legal cap that limits the maximum percentage that can be taken as this fee.
To see if you could be eligible to work with one of our No Win No Fee solicitors, you can contact a member of our advisory team. They can help answer your questions about claiming compensation on behalf of a loved one’s death.
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