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Fatal accident claims

The effects of losing a loved one in a fatal accident are wide-ranging and devastating. At Langleys we appreciate that no amount of money will ever make up for your loss.

However if the fatal accident was somebody else’s fault (wholly or partially) then the family of the deceased may be able to make a fatal injury compensation claim which help with any financial problems.

Who can make a fatal accident claim?   

Claims are usually brought by the executors named in the will or if there is no will by an appropriate family member appointed as a Administrator. Upon behalf of the deceased they can bring a claim for compensation for  i) damages for pain, suffering and loss of amenity suffered by the deceased between the injury and death, ii) financial losses and iii) funeral expenses (if paid for by the estate of the deceased).

Dependants of the deceased can also bring a claim under the Fatal Accident Act 1976. The act stipulates that only one such claim can be brought and therefore it is important that all dependants are included in such a claim.

A dependant can claim i) funeral expenses (if paid by them) ii) statutory bereavement damages iii) dependency : loss of financial support, eg income and services from the deceased, eg childcare, DIY and household services.

Who can qualify as a dependant in the context of a fatal accident claim?

·      The wife or husband or former wife or husband of the deceased

·      Civil partner or former civil partner

·      Any person who-

i) was living with the deceased in the same household immediately before the date of the death; and

ii) had been living with the deceased in the same household for at least 2 years before that date; and

iii) was living during the whole of that period as the husband or wife or civil partner of the deceased

·      Any parent or other ascendant of the deceased

·      Any person who was treated by the deceased as their parent

·      Any child or other descendent of the deceased

·      Any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage

·      Any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership

•Any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased

What are Bereavement Damages?

In addition to the dependency claim there is a statutory award known as Bereavement Damages

This is an award paid to you if the deceased was either your husband or wife, or your child who was under 18 at the date of their death. This award is currently fixed at £12,980

What is the time limit to make a Fatal accident claim?

There is a time limit to make a fatal accident claim, apart from exceptional cases, the safest assumption when the death was immediate is 3 years from the date of death.

Please do not hesitate to contact us, our friendly team is willing to help on York: 01904 610 886 or Lincoln: 01522 888 555.

Take me back to the main accident injury solicitors page.

Contact Us

Helen Murphy

Chartered Legal Executive - Associate, Claimant Personal Injury

01522 508718

helen.murphy@langleys.com