Frequently Asked Questions For Fatal Accident Compensation Claims
This guide aims to answer some frequently asked questions for fatal accident compensation claims.
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FAQs For Fatal Accident Compensation Claims
This guide aims to answer some frequently asked questions for fatal accident compensation claims.
FAQs For Fatal Accident Compensation Claims
The sudden loss of a loved one can be devastating. If their death was caused by someone breaching a duty of care they owed the deceased, a claim for compensation may be able to be made. This guide aims to answer some requesntly asked questions for fatal accident compensation claims.
Our guide will start by explaining who is eligible to make a fatal accident claim and what they could claim compensation for. Additionally, we explore the different types of accidents that could lead to a fatal injury claim being made. We also examine the time limit that needs to be adhered to when making such a claim.
Furthermore, we explain what an inquest is, the different types of compensation that may be awarded and how one of our expert solicitors can help guide you through the claiming process on a No Win No Fee basis.
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If you have any additional questions that this guide may not cover, you can contact our advisory team. They can offer you free advice and potentially connect you with one of our solicitors:
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Who Could Make Fatal Accident Compensation Claims?
Under the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA), the deceased’s estate can make a claim on behalf of the pain and suffering the deceased experienced directly prior to their death, as well as any financial losses they may have suffered. For example, if they had to pay for private medical treatment for the accident that led to their fatal injuries. They are the only party that can make this type of claim.
Furthermore, they are the only party that can make a claim within the first 6 months following the deceased’s death. Within this time they can also make a claim on behalf of the dependents. We will explain who qualifies as one in the next section and the type of claim they can make.
Contact our advisors today if you have any questions about the fatal accident compensation claims process.
Who Is Eligible To Make A Dependency Claim?
If the state hasn’t made a claim on their behalf within 6 months following the deceased’s death, under the Fatal Accidents Act 1976 (FAA), the deceased’s dependents can make their own claim for how the death has impacted them.
Under the FAA, the following qualify as a dependent:
The current or former husband, wife or civil partner.
A person who was cohabitating with the deceased for more than 2 years before the death.
Direct descendants, such as any children.
A person treated as a child by the deceased, such as step-children or step-children from a previous relationship.
Parents of the deceased, or someone treated as one, such as a step-parent.
The deceased’s siblings, uncles, aunts or cousins.
To see whether you qualify as a dependent you can contact our advisors today.
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What Accidents Could Cause A Fatal Injury?
There are various types of incidents that could lead to fatal accident compensation claims, and we will share some examples of this in the sections below. However, the following criteria will need to be regardless of the type of incident:
A duty of care was owed to the deceased prior to their death.
This duty was breached.
This breach caused the deceased to suffer a fatal injury.
Accidents At Work
The Health and Safety at Work etc Act 1974 (HASAWA) outlines the duty of care that all employers must meet. They should take practicable and reasonable steps to prevent employees from experiencing harm at work. This means carrying out regular risk and hazard assessments, regularly maintaining workplace equipment and providing personal protective equipment. If an employer breached this duty, a fatal accident at work could take place.
An example of how someone could suffer a fatal injury if an employer were to breach their duty of care could include:
An employer fails to regularly maintain a power source for workplace machinery within a factory. This results in an employee suffering a fatal electric shock injury.
To learn more about how to claim for a fatal accident at work, head here to read our dedicated guide.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 states that a party in control of an area open to the general public, must implement measures and take steps to ensure the reasonable safety of all who use it for its intended purposes. If the occupier fails to adhere to this, an accident could take place in a public place that may lead to someone suffering a fatal injury. For example:
A hotel did not ensure that a chandelier fixture in the reception area of the hotel was properly secured, resulting in the chandelier falling on top of a guest who suffered a fatal crush injury.
Road Traffic Accidents
All road users (including vehicle drivers, cyclists, motorcycle riders and pedestrians) have a duty of care to each other. They must ensure that they navigate the roads and drive their vehicles in a way that poses minimal risk to themselves and others. As part of this duty, they need to adhere to both the Road Traffic Act 1988 and relevant rules from the Highway Code.
A fatal road traffic accident could occur if a road user were to breach their duty of care. For example:
A motorist hit a pedestrian who was using a zebra crossing because they were speeding above the legal limit, resulting in the pedestrian suffering a fatal head injury.
Medical Misdiagnosis
All registered healthcare professionals must meet the correct standard of care when treating their patients. This is their duty of care. If a medical professional were to breach their duty of care, this could lead to someone suffering harm that could be fatal. For example:
A doctor fails to refer a patient for further testing despite them showing clear signs of suffering a blood clot. This leads to the blood clot travelling to the patient’s heart, and they have a heart attack and die.
These are only a few examples of incidents that could potentially lead to fatal accident compensation claims. Contact our advisors today to discuss your case.
Is There A Time Limit For Fatal Accident Compensation Claims?
The time limit for fatal accident compensation claims is generally 3 years. This can be:
3 years from the date of the death.
3 years from the date of a postmortem or inquest (known as the date knowledge).
If you are unsure whether you have enough time to begin a fatal accident compensation claim, you can contact our advisors today and find out.
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What Is An Inquest?
If the person who died passed away from unknown, unnatural or violent causes, it may be necessary for the case to be referred to the Coroner. This means they may order a post-mortem examination to take place to determine the exact cause of death.
The inquest is a public hearing where the Coroner’s findings are presented, and a decision is made as to the cause of death. Coroners are required to complete an inquest within 6 months of being aware of the death, or as soon as is reasonably practicable.
An inquiry aims to discern the facts around someone’s death and does not seek to apportion blame. However, the findings of any inquest could provide useful evidence for fatal accident compensation claims.
If you have any questions about how the findings of an inquest could support a fatal accident claim, you can contact our advisors.
How Are Fatal Accident Claims Calculated?
As previously aforementioned, the deceased’s estate can make a claim for the pain and suffering of the deceased as well as for their financial losses.
Those calculating how much compensation could be awarded in relation to the deceased’s pain and suffering could refer to the Judicial College (JCG). Within this document are compensation guidelines for a range of injuries and illnesses.
We have used some of these guidelines for the table below, aside from the first entry.
Compensation Guidelines
| Injury | Notes | Compensation Guideline |
|---|---|---|
| Fatality and Add-Ons | Settlements can provide compensation for the deceased’s suffering and pain, as well as losses affecting dependents such as income from the deceased’s earnings | Up to £550,000 plus. |
| Very Severe Brain Damage | Cases where full-time professional nursing care is needed due to the level of cognitive and physical disability. | £344,150 to £493,000 |
| Tetraplegia / Quadriplegia | Instances of severe paralysis occuring below the neck which affects all limbs. | £396,140 to £493,000 |
| Paraplegia | Types of paralysis that impact the lower body area. | £267,340 to £346,890 |
| Death with Full Awareness | Cases where the person experiences full awareness of circumstance, then fluctuating awareness with intrusive levels of treatment needed. Death occurs within 3 months. | £15,300 to £29,060 |
To learn more about how compensation is calculated in fatal accident compensation claims you can contact our advisors.
What Financial Losses Can You Claim For?
Other forms of compensation that could be awarded in fatal accident compensation claims include:
Funeral Expenses – The costs of a funeral service or wake may be claimed. Also, the cost of a coffin and headstone is something that may apply.
Loss of Services – If the deceased helped care for children or helped around the house with DIY and gardening, an amount can apply. These sorts of requests need to be quantified by a solicitor.
Financial Dependency – Loss of past and predicted future earnings may apply if the family relied on the deceased for this income.
Loss of Consortium – This part of a claim accounts for losses that cannot be quantified elsewhere, such as the impact on family relationships and the loss of companionship with someone special.
Our team is on hand to help you navigate through the fatal accident claims process. Simply connect with an advisor to learn more claiming for about funeral expenses and other losses.
Can You Claim A Bereavement Award?
Under the FAA, certain relatives also qualify to receive a bereavement award. This is a set lump sum of £15,120.
This amount is split if more than one person claims for it and can be awarded to:
The husband, wife or civil partner of the deceased.
Someone who was cohabitating with the deceased for more than 2 years before the death as husband and wife.
The parents of the deceased if they were an unmarried minor, or their mother if the deceased minor was born out of wedlock.
To see whether you may qualify for a bereavement award, you can contact our advisors.
Why Use A No Win No Fee Solicitor For Claiming Fatal Accident Compensation?
The fatal accident compensation claims process may seem challenging or daunting. However, you do not need to face this alone. One of our experienced solicitors could help guide you through this process.
Furthermore, they could offer you a Conditional Fee Agreement (CFA). This is a version of the No Win No Fee contract and typically affords the following advantages:
You won’t need to pay upfront fees to access the solicitor’s services.
No ongoing fees for services apply.
Also, no fees apply for completed services if the claim fails.
Under a CFA, successful fatal injury claims require a success fee to be paid to the solicitor. This is a deducted percentage of the compensation awarded. The law limits this percentage.
Contact Us
To see if one our our solicitors could help with making a fatal accident claim, you can contact our advisors today:
Call our helpline 24 hours a day on 0151 375 9916
Contact us online to start a claim
Chat through the live support option below.
Learn More About Compensation Claims
In addition to this guide about fatal accident compensation claims, you might find these other compensation claims guides useful as well:
This guide looks at public liability claims in detail.
Learn more about claiming for work at height accidents.
Guidance on claiming for an accident on public transport.
External Resources:
The charity Widowed and Young supports those aged 50 and under whose partner has died.
Here is information on funeral payments from GOV.UK.
How to get help after bereavement or loss advice from the NHS.
Hopefully this guide has answered the questions you had about fatal accident compensation claims. If you have any further questions not covered by this guide, please contact our advisors.
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