How Long To Claim Compensation For Death In An Accident Or From Negligence
Find out how long you have to start a death accident claim for compensation following a fatal accident, from industrial disease and medical negligence or criminal injury.
See with how the time period can vary in different circumstances. For example – when the deceased survives an accident, was a child, under a mental disability, death occurred on an aircraft or was as a result of a crime of violence.
- How Long To Claim Compensation For Death In An Accident Or From Negligence
- What is a death accident claim?
- How long do you have to make a death accident claim?
- Summary and death accident claim Next Steps
- FREE Legal Help
What is a death accident claim?
If you or a loved one are involved in an accident or some form of negligent act which is so serious that it causes death then you will be entitled to claim compensation from the person (or business) considered legally at fault.
A death accident claim is commonly referred to as a fatal accident claim.
Death May Be Instant Plus Your Estate Can Continue The Claim
In some types of death accident claims – death is instantaneous. However, in others the injuries may be so serious that an individual survives an initial period before passing as a direct result of the injuries sustained.
Don’t worry – the law distinguishes between the different types of fatal accident both as to the types of claim that can be made and as to the amount of compensation that can be claimed.
In addition – the law allows a claim commenced in life to be continued by the person’s estate after the victim passes.
Alternatively – it allows the deceased’s estate and certain relatives to commence a death accident claim.
How long do you have to make a death accident claim?
If you have suffered a personal injury then generally the time period to start your claim is three years from the date of the accident or the date of knowledge that the accident has caused an injury.
In other words – failure to commence a claim at court within 3 years will typically mean your claim is statute barred and as such it is too late to claim.
Exceptions To The Three Year Rule
See our motor vehicle accident article for some exceptions to the three year rule. Please note we use a road traffic accident as an example.
However, although the three year rule applies equally to accidents that cause death instantly there are some different scenarios to consider which can vary this rule:
Accident victim survives less than 3 years before death
An accident may cause a victim to survive a period of time (less than 3 years) before dying.
Adult claimant
In this instance – the three year time period will not run from the date of the accident, but from the date of the victim’s death.
For example – imagine you are involved in a serious work accident. You survive the accident, but your injuries get the better of you as time ticks by. Such that after a year of the accident date you pass away as a result of your work injuries.
In this instance – the three year time period will run not from the accident date, but from the date of your death. Resulting in a period of 4 years after the accident for the estate to make a death accident claim.
Child claimant
However, imagine one of the family members who is entitled to make a claim is a child. In England and Wales a child is classed as being under 18 years of age. 19 Years being known as the age of majority.
In this instance – the law considers a child to have 3 years from the date of majority to claim. Therefore – until the 21st birthday to make a claim.
Watch out – the legal age of adulthood is different in Scotland.
Court Discretion To Extend The Time Period
The court might be more willing to exercise its discretion to extend an adult’s time period to claim when there is a potential claim for a child that is still in time.
In other words – the three years for the adult may have expired, but the court may still allow the adult to claim piggy backing on the fact a child is still within time to make a claim.
Accident victim survives more than 3 years before death
Adults out of time
If you are involved in an accident as an adult and survive more than 3 years before passing, without having commenced a claim then your claim would typically be out of time. This is true not only for yourself, but also any relatives who may wish to make a claim following your death.
Injured Adult Without Mental Capacity
However, there maybe a legal argument if it could be shown that the injured adult did not have mental capacity to allow the limitation period to tick.
Deceased child still in time
This is different if the deceased was a child as the three year period to make a claim only commences from a child’s 18th birthday.
Therefore, so long as the child dies before his 21st birthday (no matter how long after the accident) – the relatives would still have three years from the date of his death to claim compensation.
Although this can vary in the different legal jurisdictions that make up the UK.
See our child accident article to see the time periods for children to make a personal injury claim.
Deceased had a mental disability
If a person is under a recognized mental disability – the limitation period does not commence until the person is no longer under a disability. Therefore, once again in these instances there might be a longer time period to make a claim.
Industrial disease and medical negligence causing death
In the event of industrial disease and medical negligence – the deceased may not have been aware of his symptoms being connected to a negligent act until many years after the negligence occurred. Sometimes not at all until picked up at an inquest following death.
In such cases – the relatives may have three years to claim following death. Importantly – this may be an extensive time period following the original negligence occurred.
For example – an industrial disease claim where knowledge can be construed in death is an asbestos exposure mesothelioma claim.
Ships and aircraft death accidents
The time period for an accident – including death – on an aircraft or ship is typically two years.
However, much depends on how the accident happened and the exact description of the vessel that the accident occurred on.
Criminal act causes death
Should you suffer injury as a result of a crime of violence, you will be able to claim from the CICA.
However, you only have two years to commence a claim for criminal injuries with the CICA.
Claim Made Against An Employer Or Direct Against An Offender
An individual who assaults you leading to death may have substantial means. Therefore, you may consider a claim direct against the individual.
Alternatively, your criminal assault causing death may be during work time by another employee. Thus, you may consider a claim against your employer.
In both examples – you would typically have three years to make a claim and not the reduced two year time period.
See our criminal injury article describing how to claim criminal injury compensation.
Summary and death accident claim Next Steps
You have seen on this page how long you have to make a death accident claim. Not to mention – how the time period various depending on age and mental infirmity of the would be claimants.
See our fatal death accident claims solicitor article, which explains how to fund a specialist solicitor’s legal costs in making your death accident claim.
FREE Legal Help
We offer free telephone / online legal help if you wish to discuss an accident that has led to death. You can ask a question, discuss the circumstances directly with a solicitor and have your potential claim assessed.
