Fatal Accident Compensation: The types of loss you can claim for death in the UK with examples of compensation amounts
Fatal accident compensation: Discover who is entitled to claim UK death compensation, the types of loss and amounts that can be claimed – includes claims by dependants and the deceased’s estate.
Who can claim fatal accident compensation for the death of an individual in a UK accident?
There are primarily three main groups of people who are entitled to claim fatal accident compensation following the death of an individual in a UK accident: dependants of the deceased, close relatives of the deceased and the deceased’s estate.
What can a dependant claim in fatal accident compensation?
If you are a dependant you can claim:
1. A dependency fatal accident compensation payment
A sum taking into account the income of the deceased and the number of dependants relying on that income.
Dependency claims can also be for a sum for caring if a mother died or even if adult children die who would have supported their parents – the amount awarded depends upon the facts of each individual claim.
2. Funeral expenses
This sum can vary depending on the amount actually spent and the amount it was reasonable to spend.
When are you considered a dependant of the deceased?
You are considered a dependent for the purpose of making a fatal accident compensation claim if you are one of the following:
a. Husband, wife or civil partner
There is no requirement for any specific minimum duration of marriage and former husbands, wives and civil partners (same sex relationships)are also included.
The word former is used broadly to include not only divorced partners, but even annulled partners.
b. Cohabiting partners
For you to be classed as a dependant as a cohabiting partner you must fulfill the following conditions:
i. You must have been living with the deceased in the same household for two years immediately before the date of death; and
ii. During the whole of the two year period you must have lived as though you were husband or wife or as civil partner even though you did not have a specific title as such.
As you can imagine breaks in the relationship may affect the two year period and if you and the deceased owned different properties you might not be considered to have lived in the same household.
c. Parents or ascendants
This includes grand and great grand parents. It also includes those treated by the deceased as a parent.
d. Child or other descendant
This includes not only blood children of the deceased and their children, but also any person treated as the child of the deceased, such as through adoption or through marriage or civil partnership (such as child of a married partner who was not the blood child of the deceased)
e. Brother, sister, aunt or uncle
Dependants also include the child of a brother, sister, aunt or uncle of the deceased.
The full definition of a dependant is set out in a piece of law known as the Fatal Accident Act 1976. Same sex partners now have the same rights as married partners
Click fatal injury claims to see links to the Fatal Accidents Act 1976.
Who can claim if the fatal accident compensation if the death was caused by a criminal act
When claiming from the CICA – the person’s entitled to claim are as above except only immediate parents and children can claim and brothers, sisters, uncles and aunts are not entitled to claim.
What is a bereavement loss fatal accident compensation claim by close relatives of the deceased?
Only close relatives can claim a bereavement payment – the pain and suffering for the loss of a close family member.
This is a fixed sum of money and is divided amongst those entitled to claim it. As from the middle of 2013 the payout settlement amount is: £12,980 in England & Wales.
In Northern Ireland the sum is currently £15,100 (this figure is set to regularly increase) and in Scotland the sum is calculated on a case by case basis (depending on the specific circumstances).
You are entitled to claim bereavement damages if you are the wife, husband or civil partner of the deceased.
If the deceased was a minor (under the age of 18 years) – you can only claim if you are a parent of the deceased and if the deceased was an illegitimate child you can only claim if you are the mother.
If you are also a dependant you can of course claim dependency fatal accident compensation in addition.
When is the deceased considered to have an estate and when can the deceased’s estate claim fatal accident compensation?
If the deceased made a will before he died he will have an estate. He will have appointed executors to carry on his wishes in the event of his death.
In such circumstances a claim for pain and suffering before death of the deceased will not die – the estate can continue the claim. if no will was made this type of claim would die.
Click death compensation claim to see the page I have written setting out how much the estate can claim for the death of the deceased.
This might happen if the deceased was not killed instantaneously in an accident, but suffered from his injuries before death. Asbestos related disease claims causing fatalities are good examples of such claims.
Criminal injury bereavement payment claims
Claims for a bereavement loss can be made by married partners (including civil partners), unmarried partners if living together as man and wife (includes same sex couples), the natural parents of the victim or a person regarded as a parent, the natural child of the victim (this includes adults over the age of 18 years) or a person regarded as a child.
Summary of Types Of Fatal Accident Compensation
On this page you have learned about who can claim fatal accident compensation, the types of loss that can be claimed and how much compensation you can claim for bereavement damages.
I recommend you click death accident claim to see how long you have to start a fatal accident compensation claim.