How To Sue For A Fatal Accident

To sue for a fatal accident, it will need to be proven that the deceased suffered their fatal injuries due to the negligent actions of another party. Essentially, the claiming criteria is as follows:

The deceased was owed a duty of care
This duty of care was breached
This resulted in them suffering their fatal injuries

Below, we discuss who can make a fatal accident claim and for what.

Law Reform (Miscellaneous Provisions) Act 1934

The Law Reform (Miscellaneous Provisions) Act 1934 enables the deceased’s estate to pursue a compensation claim. Notably, the deceased’s estate is the only party legally entitled to claim within 6 months of the death. Specifically, the estate can claim for any pain and suffering the deceased experienced prior to their passing. This can also account for financial losses. Importantly, the estate may also bring forward a claim on behalf of the deceased’s dependents (certain qualifying relatives).

Fatal Accidents Act 1976

On the other hand, the Fatal Accidents Act 1976 enables dependents to bring claims if the estate has not already done so on their behalf within the first 6 months following the death. Simply put, the Fatal Accidents Act 1976 enables dependents of the deceased to bring a claim for how the death has impacted them.

We’ve provided the relatives who may be able to claim as dependents under the Fatal Accidents Act below:

Someone who lived with the deceased as a spouse for 2 years prior to the death.
Current or former spouses or civil partners of the deceased.
Children or other descendants, or someone who was treated as a child (for example, a stepchild)
Parents or others treated as a parent (like step-parents)
Siblings, aunts and uncles, cousins.

The eligibility criteria for fatal accident claims can be a complex area of law. Don’t worry, we’re on hand to help 24/7 to explain the ins and outs of fatal injury claims; contact us at a time that suits you.

We are here to help you

Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.

Call us on 0800 408 7827 Start your claim

How Much Fatal Accident Compensation Can Be Awarded?

How much fata accident compensation that could be awarded will depend on the deceased’s pain and suffering, any financial losses suffered by the deceased, and dependency claims for surviving family members.

When it comes to calculating compensation for the deceased’s fatal injuries, a solicitor will likely utilise the guidance of the Judicial College Guidelines (JCG). The JCG is a publication which contains an in-depth catalogue of injuries, severities and suggested compensation brackets.

To give you a clearer picture of what fatal accident compensation can look like, we have made a table below containing several carefully sourced guideline compensation brackets from the JCG. Please note that the first row contains a figure not from the JCG. Moreover, please use the table of contents below as a guide only when considering your own compensation.

INJURY	SEVERITY	COMPENSATION
Fatality Plus Add On Claims	This is awarded for the pain and suffering of the deceased and dependency payments, for example, loss of earnings and services.	Up to £550,000 and over
Paralysis	Tetraplegia (also known as Quadriplegia) - where physical pain is present is applicable for the higher end	£396,140 to £493,000
Paralysis	Paraplegia - age and extent of pain affect the compensation awarded	£267,340 to £346,890
Brain & Head Injury	Very Severe - little evidence of meaningful response to their environment	£344,150 to £493,000
Injuries Resulting In Death	Full Awareness - death within a couple of weeks to 3 month	£15,300 to £29,060

How Much Is Paid Out For The Bereavement Award?

£15,120 is paid out for the bereavement award, and under the Fatal Accidents Act 1976, certain relatives can qualify for it. This can be awarded to or split between:

A spouse.
Someone who lived with the deceased for 2 years as spouses prior to death.
The parents of an unmarried minor.
The mother of an unmarried minor born out of wedlock.

If you’d like to discuss how much compensation you might be eligible for or how to sue for a fatal accident in more detail with a professional, please don’t hesitate to contact our advisors.

How Is Fatal Accident Compensation Calculated?

Fatal accident compensation is calculated by taking into account the pain and suffering the deceased experienced prior to death due to their injuries, whether these caused any financial losses, and also the losses experienced by the dependents.

Below, we explain in more detail what the deceased’s dependents could claim compensation for:

Loss Of Dependency

This involves the loss of the deceased’s income, which subsequently affects those financially dependent on them.

Loss Of Service

This will involve services such as help around the home, ranging from childcare to DIY. This can also cover past and future losses. A solicitor must quantify these losses.

Funeral Costs

This includes reasonable funeral costs such as the service, casket and flowers.

For more information on how compensation is awarded for a fatal accident claim, you can contact our advisors.

We are here to help you

Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.

Call us on 0800 408 7827 Start your claim

Types Of Accidents That Might Cause A Fatality

Types of accidents that might cause a fatality include road traffic accidents, accidents in public places and accidents at work. Below, we share some examples.

Road Traffic Accidents

Anyone who uses the roads has a duty of care to use them safely. They must also adhere to the Road Traffic Act 1988 and the Highway Code.

Some examples of when a fatal road traffic accident claim could be made include:

A young driver is racing his friend in another vehicle when he crashes into the side of a car pulling out of a junction, fatally injuring a passenger.
A drunk driver exceeds the speed limit and fails to stop in time for a pedestrian who is using the zebra crossing causing a car accident. The driver knocks over the pedestrian, and they succumb to their injuries.

Public Place Accidents

Those in control of public places have a duty of care under the Occupiers’ Liability Act 1957 to ensure the reasonable safety of visitors.

Some examples of when a fatal injury claim could be made following a public place accident include:

An overhead hanging sign in a supermarket is not properly secured, resulting in it falling on a customer who was browsing the aisles and they suffer a fatal chest crush injury.
A disabled individual uses a handrail for support in an accessible bathroom, and it breaks, causing the person to fall and fatally injure the back of their head on the tile floor.

Work Accidents

Employers have a duty of care to take reasonable steps to ensure the safety of their employees, per the Health and Safety at Work etc. Act 1974.

Some examples of when a fatal workplace accident claim could be made include:

A factory has failed to complete regular maintenance checks on dangerous machinery. The machine malfunctions during use and fatally harms an employee in the form of a crush injury.
Several hospitality staff have reported a kitchen leak to their employer, but nothing has been done to fix it. A chef slips and fatally hits their head on a cast-iron pizza oven.

These are only a few examples. To learn more about how to sue for a fatal accident, you can contact our advisors.

Can I Sue For A Fatality Caused By Medical Negligence?

Yes, you can sue for a fatality caused by medical negligence as long as you can prove that a medical professional acted negligently and this resulted in the death of a loved one.

Don’t worry, we’ve provided the specific eligibility requirements below:

A medical professional owed the deceased a duty of care
They breached this duty
This breach caused the deceased to be fatally harmed

Overarchingly, all medical professionals are legally obligated to owe a duty of care once they agree to treat a patient. Specifically, this duty translates as providing a minimum standard of care.

Simply put, if a medical professional, such as a doctor, failed to provide a minimum standard of care to the deceased and this resulted in them experiencing fatal harm, this could lead to a wrongful death claim.

Speak to us today to assess your eligibility to make a fatal medical negligence claim.

How To Sue For Fatal Criminal Injuries

To sue for fatal criminal injuries, you must report the crime to the police promptly, cooperate with their investigation, and apply for compensation through the Criminal Injuries Compensation Authority (CICA) if you have exhausted all other avenues.

Specifically, the CICA is an agency which compensates those who have suffered injury from violent crime. They can also compensate those who have been bereaved by a violent crime.

To be able to claim through the CICA, the following criteria must have been met:

The deceased must have been fatally injured of a crime of violence as defined by Annexe B of the Criminal Injuries Compensation Scheme 2012. This includes assault, arson, and sexual abuse, for example.
The crime must have been reported to the police
The incident must have taken place in England, Wales, Scotland, or another relevant place, such as a vessel registered to one of these countries.

It can be an overwhelming prospect to navigate criminal injury law. That’s our job, let us help and give you free advice. Call us today.

What Is The Time Limit For Suing After A Fatal Accident?

The time limit for suing after a fatal accident is generally 3 years. Specifically, this can be 3 years from the date of the death or 3 years from the date of a post-mortem or inquest (the date of knowledge).

If you choose to work with our panel of fatal accident solicitors, they will make sure your claim is filed within the legal time limit. Contact us today to find out how our panel can help you during this challenging time.

Can I Sue For A Fatal Accident On A No Win No Fee Basis?

Yes, you can sue for a fatal accident on a No Win No Fee basis if your fatal accident claim satisfies the eligibility requirements of a valid case. Don’t worry, our department of advisors can assess your eligibility for free during a complimentary consultation if you phone us today. Our panel of fatal accident solicitors also offer a No Win No Fee funding option because they believe in accessible legal representation and financial transparency.

This is what it means if you work with our panel on a No Win No Fee terms under a Conditional Fee Agreement:

You won’t have to pay for solicitors’ service fees if your claim fails
You won’t have to pay for solicitors’ service fees if your claim is ongoing
You won’t have to pay any upfront solicitors’ service fees

If your fatal accident claim has a positive outcome and wins, you will pay something called a success fee. This is a capped percentage of your compensation, ensuring you keep the majority of your money, as per the Conditional Fee Agreements Order 2013.

Our Support Services

Here at How To Sue, our panel offer a carefully curated range of support services to help make the claims process as straightforward and stress-free as possible for you. This is because we prioritise client wellbeing above all else and genuinely care about your experience when working with our panel of fatal accident solicitors.

To give you a clearer picture of how we can support you, we’ve carefully selected some of the services we have to offer:

Tell you whether you have a valid fatal accident claim
Determine a fair compensation figure that includes the deceased’s suffering, financial losses and on behalf of the dependents
Handle all legal communication and documents
Adhere to all deadlines

Contact How To Sue

For more information on how to sue for a fatal accident, you can contact our friendly advisory team:

Phone us on 0800 408 7827
Contact us online
Click on the chat button to speak with an advisor. We promise it’s a real human and not a bot!

More Information

Why not read our other guides for more information:

Read our guide on how to sue someone in the UK for an injury.
Have a read of our guide on how to sue for crush injury compensation.
Take a look at our guide on the benefits of working with work injury solicitors.

To broaden your wider reading further, take a look at these external resources:

Learn about the mission behind the Royal Society for the Prevention of Accidents (RoSPA)
Read some guidance on bereavement from the NHS.
Read up on what to do after someone dies from the GOV.UK.

Thank you for taking the time to read our guide on how to sue for a fatal accident.

How To Sue For A Fatal Accident In The UK – Step-By-Step Guide

Can I Sue If My Loved One Died In An Accident?

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