Fatal Accident Claims: When You Can Claim Compensation for a Death
Find out what a fatal accident claim is, who can claim compensation after a death, and the most common types of fatal accident claims in the UK.
- Fatal Accident Claims: When You Can Claim Compensation for a Death
What is a fatal accident claim?
A fatal accident claim is a claim for compensation made for the death of an individual in either England, Wales, Scotland or Northern Ireland caused in an accident, by negligent act or default, industrial illness or by criminal act.
The UK currently has three legal jurisdictions – England and Wales (the same jurisdiction), Scotland and Northern Ireland.
Choose Your Solicitor Carefully As The Legal Process Can Vary Across The UK
Not only the legal process, but also the persons entitled to claim and the amount of compensation that can be recovered may vary between the different legal jurisdictions of the UK.
Therefore, the lawyer you choose to help you claim should be a specialist in the correct legal jurisdiction.
Generally, this will be a specialist solicitor in the country in which fatal accident occurred.
Who is entitled to claim compensation for the death of another?
Deaths caused by either negligent act, negligent default (failure to act) or as a result of a criminal endeavour, can give rise to compensation claims by:
- Dependants.
- Spouse And Partners
- Children.
- A limited number of close relatives.
- The deceased’s estate (for funeral expenses and for pain and suffering if the deceased survives for a period of time before death).
We explore in greater detail who has entitlement to make a claim in our payouts guide for fatal accidents.
When can you claim fatal accident compensation for the death of another?
For you to be able to make a fatal accident claim, you must do what is known as “stand in the shoes of the deceased”.
Put simply, ask the question:
If the deceased had survived the accident could he have made a claim for injury?
If the answer is yes – you too (if you are both legally entitled and still with in time) can make a claim.
You Must Show Legal Fault
In other words – to be able to make a claim you must be able to show that someone was legally at fault for the accident and that you are a dependant entitled to make a claim.
Watch out – the person who was at gault must not have been the deceased.
See our fatal injury dependent and bereavement loss article for an explanation of who is entitled to claim compensation for death of an individual.
Can the deceased’s estate make a claim?
We need to distinguish between:
- A fatal accident claim for the death of another, and
- A claim by the deceased’s estate for pain, suffering and financial loss before death.
For example – if the deceased survived an accident for a period of time before death, his estate via the executor (if a will was made) or administrator (if he died intestate) could still claim for his pain, suffering, loss of amenity and financial loss for the period between the accident and death.
Funeral Expense Claims
Be aware – either a dependant or the deceased’s estate can claim for the funeral expense of the deceased.
What are common types of fatal accident claims?
There are many different types of fatal accident claim – some of the most common include:
Fatal road traffic accidents
See our road traffic accident article explaining all the steps in making a road accident claim.
Fatal road traffic accidents might include:
Car accidents
Due to the protection provided in modern vehicles fatal car accidents normally occur at high speeds such as on motorways. In a very serious car accident – casualties might include the driver, passengers, other road users or pedestrians.
Coach and bus accidents
Fatal accident claims from collisions involving coaches and buses can include: coach drivers, other vehicle users as well as pedestrians and passengers on the bus.
See our coach accident claim guide to see how to claim for all manner of coach and bus accident.
Motorcycle accident claim
If you are a driver of a motorcycle you will know that not only are accidents more common, but also the injuries in motorbike accidents are often more serious.
A motorcyclist is not only much less protected from the force of an impact in a RTA than other vehicle drivers, but being smaller a bike’s presence on the road is often missed.
Fatal truck accident
Trucks, lorries or wagons, call them what you will, are extremely large vehicles weighing many tonnes and as such the force involved in a collision can lead to serious injury and death, Frequently it is the smaller vehicle involved in the RTA with the truck which will absorb the force of the collision and come off worse giving rise to a fatal accident claim.
Fatal workplace and industrial accidents
Workplaces can be dangerous places that can lead to serious injury and even death.
Accidents at work causing death
Some workplace accidents occur due to an employer disregarding their employees health and safety duties. If a death at work occurs – the health and safety executive should investigate the accident. As will the coroner at the deceased’s inquest.
See our accident at work claims process article setting out how to make a work accident claim.
Some types of industrial disease once contracted can prove to be fatal. For example – an asbestos related disease known as mesothelioma will generally prove fatal. Mesothelioma is not only a type of disease that can take many years to develop, but also once diagnosed death can follow quickly.
See our industrial disease claim article explaining both all about the common types of industrial disease and how to claim compensation from an employer.
Employer’s criminal liability
Sometimes an employer can be found criminally liable for an employee’s death and punitive damages may be appropriate.
Fatal clinical negligence claim
NHS hospitals and GP’s as well as private doctors can caused death from not only negligent treatment and misdiagnosis, but also negligent default (failure to do something).
See our medical negligence compensation article for a detailed description of how to claim compensation from clinical negligence.
Fatal sports accident claim
See our sport injury guide setting out various types of sports injury and how best to make a compensation claim. In the UK, some sports can be quite dangerous (such as rugby or horse riding) and can lead to a fatality to the accident victim.
Death by criminal act
An act of violence can cause death. In such cases – a claim for criminal injury compensation should be made.
See our criminal injury compensation article to know how to make a claim for criminal injuries in the UK.
How much compensation can be claimed for a fatal accident?
The amount of compensation that can be claimed following a fatal accident depends on a number of factors, including the circumstances of the death, whether the deceased suffered before passing away, and the financial impact on dependants.
Compensation may include claims by the deceased’s estate for pain and suffering before death, as well as separate claims by family members for bereavement and financial dependency following death.
SUMMARY – Fatal Accident Claims
In summary, a fatal accident claim can be made where a death has been caused by negligence, a failure to act, or a criminal act. Claims may be brought by dependants, close family members, or the deceased’s estate, depending on the circumstances.
Understanding who can claim and the type of claim available is essential, as different rules apply across the UK and depending on the nature of the accident. Common fatal accident claims arise from road traffic accidents, workplace incidents, industrial disease, and clinical negligence.
If you are unsure whether you are entitled to claim, or which type of claim applies, it is important to seek specialist legal advice as early as possible.
FREE Legal Help
We understand how traumatic the loss of a loved one can be and how to difficult it can be to decide how best to proceed.
With this in mind, we offer free online help and telephone assistance. You can not only call us direct to speak to a solicitor and arrange for a specialist solicitor callback, but also have your claim assessed or ask a question.
