Fatal Accident Claims — 8 Frequently Asked Questions
If a family member died because of someone else's negligence in England or Wales, dependants can claim under the Fatal Accidents Act 1976 for their financial and non-financial losses, and the deceased's estate can separately claim for losses suffered between the incident and death.
Legal information only, not legal advice. See how we check this page and recent changes.
Can I claim if a family member died because of someone else's negligence?
Yes — dependants of the deceased can bring a claim under the Fatal Accidents Act 1976, and the deceased's estate can separately claim for losses suffered between the incident and death.
Who can bring a fatal accident claim?
A defined list of dependants under the Fatal Accidents Act 1976 — typically spouses, civil partners, certain cohabiting partners, parents, and children — can claim for their financial and non-financial losses resulting from the death.
What is a claim for bereavement damages?
It's a fixed statutory sum (periodically updated) available to a narrow category of claimants — generally a spouse, civil partner, or (since 2020) certain cohabiting partners, and parents of an unmarried minor — for the grief of losing a loved one.
Can dependent children claim if a parent dies?
Yes, children can claim for their financial dependency on the deceased parent, covering things like lost financial support and the value of care and guidance they would have received.
What can the deceased's estate claim for?
The estate can claim for losses the deceased suffered between the incident and death — such as pain, suffering, and financial losses — as well as funeral expenses, through a "survival" claim under the Law Reform (Miscellaneous Provisions) Act 1934.
Is there a time limit for fatal accident claims?
Generally three years from the date of death, though this can interact with the "date of knowledge" rule if the cause of death only became clear later.
How is compensation calculated in a fatal accident claim?
It typically includes bereavement damages (where applicable), dependency on the deceased's income and services, funeral costs, and the estate's own claim for the deceased's pain and losses before death — each assessed separately.
Do I need a solicitor for a fatal accident claim?
These claims involve multiple potential claimants, several legal heads of loss, and often significant emotional weight — specialist advice is strongly recommended given the complexity and the sums typically involved.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
Have a question this page didn't answer? Ask InjuryBot directly.
Start a conversation →