Last updated 12th September 2025. A fatal accident claim, under English law, usually involves two parts:
- Compensation for all of the ways the deceased suffered before their death, made by the deceased’s estate, as per the Law Reform (Miscellaneous Provisions) Act 1934.
- Compensation for the way dependents of the deceased have been affected by the death, made by either the dependents themselves or the deceased’s estate, as per the Fatal Accidents Act 1976. But, the deceased’s estate is the only party that can make a fatal accident claim for the first 6 months following the deceased’s death.
In this fatal accident claims guide, we tell you what evidence you should collect and how a specialist solicitor from a panel can help you throughout the claims process.
Losing a loved one in an accident can be a very upsetting experience, more so if the incident was not their fault. Personal Injury Claims UK understands that no amount of fatal injury compensation can replace them. However, it can help support your family financially as well as achieve a sense of justice. Fatal accident claims can be very complex, especially at such a distressing time. A specialist solicitor from our panel might be able to help you.
Key Takeaways
- Fatal injuries can occur in all areas of life.
- The Health and Safety Executive (HSE) state that 124 fatal workplace incidents occurred between April 2024 and March 2025.
- Provisional estimates for reported road casualties in Great Britain for 2024 (published by the Department for Transport) state there was a 1% increase in road fatalities since 2023, bringing the figure to 1,633.
- Fatalities could also occur in public places, including restaurants, amusement parks and shopping centres.
- You do not need to have been completely financially dependent on your loved one to claim, but can be compensated for their lost contribution to the joint family income.
Advisors are available around the clock to answer your questions about fatal accident compensation claims. They can listen to the circumstances of your loved one’s accident and advise on whether you could proceed with a claim. If you can, they can connect you to a solicitor from our panel.
5.0Frequently Asked Questions
- Who Can Make Fatal Accident Claims?
- What Is The Bereavement Award?
- How Much Compensation Could Be Claimed For A Fatal Accident?
- What Can Fatal Accident Compensation Help To Cover?
- How Long Is Given To Bring A Fatal Accident Claim
- What Is Needed To Prove Negligence Was The Cause Of The Fatality?
- Will Our Family Need To Go To Court For A Fatal Accident Claim?
- How Can A Solicitor Help Me Claim Fatal Accident Compensation?
- Learn More
Who Can Make Fatal Accident Claims?
Essentially there are two routes for claiming fatal accident compensation. The estate of the deceased is the only entity that can claim for the fatal injury and the financial implications before death as per the Law Reform (Miscellaneous Provisions) Act 1934. As the estate is the only entity that can claim in the first six months they can also claim on behalf of any dependants for how they are affected by the death. Should the estate not make the claim then the dependents are free to make their own claim under the Fatal Accidents Act 1976.
However, in order for either of these parties to have a valid claim, the deceased must have died due to the actions or inactions of a liable party. In everyday situations, people are owed a ‘duty of care’. This is a legal obligation that one party has towards another’s safety. When this is breached and a death occurs as a result, a fatal accident claim could be made.
Situations in which a duty of care is owed include:
-
- On the roads. Whilst navigating the roads, each user must ensure the relative safety of the other people using the roads by using them in a safe manner and adhering to the Highway Code and Road Traffic Act 1988.
- At work. Employers must take reasonable and practicable steps to ensure the health and safety of their employees as set out in the Health and Safety at Work etc. Act 1974.
- In public places. Under the Occupiers’ Liability Act 1957 the organisation or individual (occupier) of a space must ensure that the visitor is reasonably safe while on the premises.
Claims On Behalf Of The Estate
Fatal accident claims made by the estate can include compensation for:
- General damages. This is for the physical pain and mental suffering experienced by the deceased between the time of the fatal accident and their death.
- Special damages. This recovers out-of-pocket expenses accumulated by the deceased between the day of the accident and date of death, such as medical costs and lost wages.
- Certain relatives for the financial impacts of the death, such as funeral expenses.
Claims For Dependants Of The Deceased
Certain dependants can claim for the effects of the death if the estate has not claimed on their behalf as per the Fatal Accidents Act 1976. These relatives include:
- Current or former spouses or someone who lived with the deceased for at least 2 years as a spouse prior to their passing.
- Parent, step-parent or someone treated as a parent by the deceased (such as a step-parent from a previous marriage).
- Children, step-children or another party treated as their child by the deceased (such as a step-child from a previous marriage).
- Siblings, aunts, uncles or cousins.
An advisor can check the fatal accident claims eligibility with you. Call or message now.
What Is The Bereavement Award?
A bereavement award of £15,120 as set by Section 1A of the Fatal Accidents Act 1976 can be awarded to certain relatives. These include:
- The spouse, civil partner or cohabiting partner (must have lived with the deceased immediately before the death and for at least 2 years prior as if they were married).
- The parents of an unmarried minor, or the mother if she was not married to the deceased’s father at the time of the death.
If more than one family member claims the bereavement award, it will be divided between them.
An advisor can help assess if you are eligible to claim this bereavement award. Please get in touch to discuss fatal accident claims.
How Much Compensation Could Be Claimed For A Fatal Accident?
How much compensation that can by claimed by the estate will vary from case to case. This will depend on the nature of the fatal injuries as well as any related expenses.
As stated above, the estate can claim ‘general damages’ for the deceased’s physical pain and suffering. To help arrive at a value for this, those who calculate fatal accident claims may refer to the Judicial College Guidelines (JCG). This document provides a list of guideline compensation brackets for different types of injuries.
The table below lists a few figures from the JCG, except for the amount in the top row. Please only use this table as a guide. For a more accurate estimate, speak to an advisor.
| Injury | Notes | Guideline amount |
|---|---|---|
| Fatality and claim add-ons | Compensation for the deceased's general and special damages plus amounts paid to the dependants, such as funeral expenses. | Up to or more than £550,000 |
| Paralysis - Tetraplegia | At the top end of the bracket, there is pain with a significant impact on the senses or ability to communicate. | £396,140 to £493,000 |
| Paralysis - Paraplegia | Age, life expectancy, presence and extent of pain and depression will be considered. | £267,340 to £346,890 |
| Brain Damage - Very Severe | Although there may be some ability to follow basic commands, there is little, if any evidence of environmental responses or language function. | £344,150 to £493,000 |
| Injuries Resulting in Death - Full Awareness | Full awareness for a short period, followed by fluctuating levels of consciousness lasting for 4-5 weeks, along with intrusive treatment or significant injuries followed by death within 3 months. | £15,300 to £29,060 |
5.0What Can Fatal Accident Compensation Help To Cover?
Certain relatives (as discussed above) may also be able to claim compensation for the effect the death had on them.
Loss Of Consortium
Otherwise known as ‘loss of a special person’. An amount can be awarded for losses that cannot be financially quantified, such as lost companionship and the impact on familial relationships.
Financial Dependency Claim
Compensation can be awarded for the deceased’s share of the bills. For example, if the deceased paid half of the mortgage, compensation can be awarded to cover this. It covers past and future financial losses and the impact of the lost income on the family.
Loss Of Services Claim
Past and future loss of services can cover items such as childcare or help around the house. For example, a widow may now need to hire a childminder and cleaner, whereas her husband would have done these things.
Funeral Expenses
Settlements can also recover the money spent on a funeral.
To further discuss what expenses dependents can recover, speak to an advisor about fatal accident claims.
How Long Is Given To Bring A Fatal Accident Claim
Generally, the dependents have 3 years to start a fatal accident claim from the:
- Date of death.
- Date of knowledge, such as following a post-mortem or inquest.
Please note that if the estate claimed on behalf of the dependents, then they would not be able to bring a separate claim.
As part of the free eligibility assessment, the time limits will be checked. Call our advisors now for more information about the limitation period for fatal accident claims.
What Is Needed To Prove Negligence Was The Cause Of The Fatality?
Evidence is needed to prove negligence. Negligence occurs when a breach in a duty of care causes an injury. Examples of evidence that could be helpful for fatal accident claims include:
- Coroner’s report.
- Accident footage, such as from CCTV, dashcams or filmed on a mobile phone.
- Photographs from the accident scene.
- Medical records that prove the injuries were fatal.
- Contact details from anyone who saw what happened and would be willing to provide witness statements at a later date.
- Accident reports, such as a police report or a copy of the accident logbook.
You may not have any of this evidence or know where to get started. Speak with one of the advisors, and they will discuss how you can gather proof or even connect you to a solicitor from our panel who can help you.
Will Our Family Need To Go To Court For A Fatal Accident Claim?
It is very unlikely that you or your family will need to go to court to settle the fatal accident claim. Most claims are settled between solicitors and insurers without getting to that stage.
However, if the defendant refuses to accept liability or if the settlement offer doesn’t cover the damages, then the claim could be renegotiated. Should these negotiations prove unfruitful, then the claim could go to court.
If the claim needs to go to court and you are working with a fatal accident solicitor from our panel, then they will help manage court proceedings for you. Phone to learn more.
How Can A Solicitor Help Me Claim Fatal Accident Compensation?
By instructing a fatal accident solicitor, you can have help and support with:
- Finding bereavement counselling either online or in your area.
- An accurate calculation of the damages that could be owed.
- All paperwork connected to the claim, including sending any documentation to the defendant.
- Negotiations with the defending party’s insurer.
- Legal jargon explained to you in terms that you can understand.
- Legal advice and helping you decide when to settle.
- Evidence gathering.
- Making sure that the claim you present is as strong as it possibly can be.
Our panel of solicitors offer these services and more on a No Win No Fee basis. What this means for fatal accident claims is:
- Solicitors’ fees will not be charged at the start of the claim or as it is ongoing.
- There won’t be a fee to pay for the solicitor’s work on the claim if it is unsuccessful.
- You will only pay a success fee for your solicitor’s services if the claim succeeds.
Our panel offer these No Win No Fee services under the Conditional Fee Agreements Order 2013, which puts a 25% limit on the success fee.
Contact Personal Injury Claims UK
The advisors at Personal Injury Claims UK are sensitive, friendly and patient. They can help assess whether the claim is valid and within the limitation period. Additionally, they can provide estimates of fatal accident claims, whether being made by the estate or the dependents. They can also answer any questions you have about claiming with the support of a No Win No Fee solicitor. Furthermore, if the fatal injury claim is valid and you would like to proceed with the services at Personal Injury Claims UK, they can connect you to one of the solicitors from our panel.
To find out more:
- Call 020 8050 5339
- Fill out our claim online form for a callback
- Ask a question in our live chat.
Learn More
Here are a few more guides that might be helpful:
- Guidance on claiming for a fatal cycling accident.
- Research and statistics on fatal cycling accidents.
- Information about making a fatal car accident claim.
Additional external resources:
- A guide from the NHS about grief following a bereavement.
- Step-by-step government guide about what to do after someone dies.
- Government information about finding bereavement services from your local council.
If you need any further help and information about fatal accident claims, please speak with one of our advisors now.
