Fatal Accident Claims — 8 Frequently Asked Questions
If a family member died because of someone else's negligence in Scotland, qualifying relatives can claim under the Damages (Scotland) Act 2011 for loss of support and loss of society, and the deceased's executor can separately pursue the deceased's own transmitted claim for losses suffered before 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 — in Scotland, this is governed by the Damages (Scotland) Act 2011 rather than the English Fatal Accidents Act 1976. A defined category of "relatives" can claim, and the deceased's executor can separately pursue the deceased's own transmitted claim.
Who can bring a fatal accident claim in Scotland?
The Damages (Scotland) Act 2011 defines "relative" broadly — including spouses, civil partners, cohabitants, parents, children, and siblings — who can claim for loss of support and loss of society resulting from the death.
What is a "loss of society" award?
It's Scotland's equivalent of England's bereavement damages, but rather than a fixed statutory sum, Scottish courts assess loss of society individually based on the closeness of the relationship with the deceased — which can result in different awards for different relatives of the same person.
Can dependent children claim if a parent dies?
Yes, children can claim for loss of support (their financial dependency on the deceased parent) and loss of society, reflecting both the practical and relational loss.
What can the deceased's estate claim for?
Under the Damages (Scotland) Act 2011, the deceased's rights of action transmit to their executor, allowing a claim for the deceased's own solatium and losses between the incident and death, as well as funeral expenses.
Is there a time limit for fatal accident claims?
Generally three years from the date of death, under the Prescription and Limitation (Scotland) Act 1973, 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 Scottish fatal accident claim?
It typically includes loss of society for qualifying relatives, loss of support (financial dependency), funeral costs, and the executor's claim for the deceased's own solatium and losses before death — each assessed separately.
Do I need a solicitor for a fatal accident claim?
These claims involve multiple potential claimants, distinct legal heads of loss under the Damages (Scotland) Act 2011, and often significant emotional weight — specialist advice is strongly recommended given the complexity 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 ScotLawBot directly.
Start a conversation →