Fatal Accident Compensation Payouts (2026): Claims by Family Members, Partners and Dependants
This guide explains the types of fatal accident compensation that may be available to family members and dependants, together with typical payout amounts in the UK. Claims can include bereavement damages, financial dependency. loss of care and funeral expenses, depending on the circumstances of the death.
The sections below set out who can claim, how compensation is assessed, and how dependency claims are calculated in practice, including worked examples where relevant.
- Fatal Accident Compensation Payouts (2026): Claims by Family Members, Partners and Dependants
- Payouts Table (2026)
- What a Fatal Accident Compensation Claim Is
- Who Can Claim Fatal Accident Compensation
- What Dependants Can Claim
- Who Qualifies as a Dependant
- Claims Where Death Is Caused by a Criminal Act
- What an Earnings Dependency Claim Is
- How Earnings Dependency Compensation Is Calculated
- How Total Dependency Compensation Is Calculated
- What to Do If You Have a Dependency Claim
- Bereavement Damages Explained
- Bereavement Damages Amounts by UK Jurisdiction
- Bereavement Claims for Criminal Injury
- DWP Bereavement Support Payments
- When the Deceased’s Estate Can Claim
- Time Limits for Fatal Accident Compensation Claims
- Summary – Fatal Accident Compensation Payouts
- Free Specialist Legal Help
Payouts Table (2026)
| Fatal Accident Compensation | Claim Payout |
|---|---|
| Bereavement Damages | £15,120 |
| Dependency Loss | Up to 75% Of Deceased’s Income |
| Funeral Expenses | Variable – reasonable expense |
Our above table of fatal accident compensation gives examples of payout amounts certain close family members and dependants can claim for the loss of a loved one.
Additional Compensation When Death Is Not Instant
See our pain and suffering before death compensation article.
We explain how to claim additional compensation when you survive for a short period of time before passing away.
What a Fatal Accident Compensation Claim Is
A fatal accident compensation claim is a claim for compensation from a person or business considered legally-at-fault for causing death of a partner, close family member or someone you are financially or emotionally dependent on.
The Deceased Must Not Be At Fault
The law must not consider the deceased legally at fault for the accident that led to the death.
In other words – someone other than the deceased must have been at fault to allow a fatal accident compensation claim to be successful.
However – a reduced claim can still made if the deceased only contributed to the accident event.
Who Can Claim Fatal Accident Compensation
Three main groups of individuals are entitled to claim fatal accident compensation, such as:
Dependants of the Deceased
Financial dependants on the deceased’s income (prior to the death of the deceased) are most likely to be able to recover compensation.
Emotional Dependency
Usually dependency relates to financial support, but in certain instances there can be a dependency loss for emotional support.
For example – consider a young child’s loss of a mother.
In some instances – you may be able to claim compensation for loss of emotional dependency.
Spouse, Civil Partner or Cohabiting Partner
A spouse, civil partner, or cohabiting partner, are generally entitled to some form of fatal accident compensation. This group may also include the deceased’s ex.
Close Relatives of the Deceased
Close relatives may be able to claim fatal accident compensation.
The Deceased’s Estate
See our death compensation claim article for details of when (plus the amounts) the deceased’s estate can make a claim.
What Dependants Can Claim
If you are a dependant you can claim:
Dependency loss payments
A sum taking into account the income of the deceased and the number of dependants relying on that income.
The amount awarded depends upon the facts of each individual claim.
Compensation For Loss Of Care Of Children And Family Members
Dependency fatal accident compensation claims can also include a sum of money to compensate for caring for children and family members.
For example – imagine your mother looked after you and your siblings whilst your father was at work. Whilst out correctly using a pelican crossing she was hit by a car and killed outright at the accident scene. Your family has clearly lost the benefit of the valuable care she provided and consequently you could potentially claim compensation for this lost care.
Equally, the same may be true if adult children die who provided support to their parents.
Bereavement loss
Dependants also may be entitled to a bereavement loss. However, not all dependants can claim this loss.
Funeral expenses
The sum for that you can claim for funeral expenses can vary. Factors include the amount actually spent and the amount it was reasonable to spend.
Who Qualifies as a Dependant
You are considered a dependant for the purpose of making a fatal accident compensation claim if you are one of the following:
Husband, wife or civil partner
This group includes spouses and civil partners (including same sex civil partners).
There is no requirement for any specific minimum duration of marriage or civil partnership.
Former Spouse And Civil Partner
Former husbands, wives and civil partners (same sex relationships) may also be entitled to claim compensation as dependants.
The word former is used broadly to include not only divorced partners, but even annulled partners.
Cohabiting partners
For you to be classed as a dependant as a cohabiting partner you must fulfill the following conditions:
Living in the same household for two years
You must have been living with the deceased in the same household for two years immediately before the date of death.
Lived as though you were married or in a civil partnership
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.
Breaks In The Relationship And Different Property Ownership
As you can imagine – breaks in the relationship may affect the two year period. For example, if you and the deceased owned different properties then you might not be considered to have lived in the same household.
Parents or ascendants fatal accident compensation
Parents or ascendants include grand and great grand parents.
All dependent parents and ascendants may be entitled to a fatal accident compensation payout.
Treated By The Deceased As A Parent
Dependants can include those treated by the deceased as a parent despite not actually being a parent by blood.
Child of the deceased or other descendant
Clearly – children of the deceased by blood and their children (grandchildren) are dependants.
However, dependency can extend beyond the blood relationship to any person treated as the child of the deceased.
For example – a child through adoption or through marriage or civil partnership, such as a child of a married partner – who was not the blood child of the deceased.
Brother, sister, aunt or uncle
Dependants also include the child of a brother, sister, aunt or uncle of the deceased.
Legal definition of a dependant
The full definition of a dependant is set out in a piece of law known as the Fatal Accident Act 1976.
Same Sex Partners
Same sex partners now have the same rights as married partners.
Claims Where Death Is 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. Significantly, brothers, sisters, uncles and aunts are not entitled to claim.
What an Earnings Dependency Claim Is
Imagine a fatal accident occurs to someone who had paid employment or other source of income or earnings. Should you be an individual who was financially dependent on that income, you will undoubtedly suffer financial hardship & loss.
Therefore – a fatal accident earnings dependency claim is a sum to be included in the overall fatal accident compensation claim. It is based upon loss of income support and contribution from an earnings provider.
Earnings Dependency One Aspect Of Fatal Accident Compensation
An earnings dependency claim is one aspect of a fatal accident claim.
Others include bereavement loss, funeral expenses.
Who Financial Dependants Are
Financial dependants are those who relied in some way on the income of the deceased to support them in life. They come from the list of individuals we set out earlier.
How Earnings Dependency Compensation Is Calculated
Can Never Be More Than The Deceased’s Total Income
The amount of compensation claimed for fatal accident earnings dependency can never be more than the total income earned by the deceased at the time of death.
Two primary methods exist that allow fatal accident earnings dependency to be calculated, which include:
Financial Records and Expenditure Evidence
Records showing how the deceased’s income was used prior to death is important evidence. These records can form a basis to help calculate what the fatal accident earnings dependency loss was.
The Apportionment Principle
This apportionment principle approach applies slightly differently depending on whether the dependent was part of a couple with children or without children.
Consider two different examples:
Apportionment Example 1: Husband Killed In A Fatal Work Accident Leaving A Dependant Wife Working Part Time
Consider the net income for the couple.
Net income for couple
The deceased husband’s net income (at the time of death) is added to the surviving wife’s net income.
Division Of Couple’s Expenditure
Divide the couple’s income into 3 equal expenditure pots.. Each pot being a third of the total net couple’s income.
First Pot (Pot 1): proportion of money the late husband kept for himself.
Second Pot (Pot 2): the portion of income used on joint expenditure of the couple.
Third Pot (Pot 3): portion of earnings used to support his wife.
Calculating Dependency
The fatal accident earnings dependency calculation allows the surviving wife to claim both the part that was used for her (pot 3) and the joint part (pot 2).
Therefore, the widow’s claim is for 66% (two thirds) of household combined income.
Deduct The Wife’s Part-Time Work Income
Watch out, the net income received by the wife from her part-time work is deducted from the overall figure of 66%.
The Multiplicand
The remaining final figure represents the annual sum that the widow can claim – technically known as the multiplicand.
Apportionment Example 2 – Husband Killed In A Fatal Car Accident Leaving Dependent Children And Wife Who Is Not Working
As children are involved, the first consideration is how long the children would have depended on the deceased.
Work Out Time Period Children Are Dependent
In England and Wales – a child turns into an adult at the age of 18 (the age of majority). From this point on, it is expected that children are adults and as such are able to earn their own income.
However, there will be considerations of the likelihood of further education and continued dependency during those periods.
Partner And Children Expenditure Division
As there is a partner and children – there are considered to be 4 pots. Each a quarter of the husband’s net income:
First Pot (Pot 1): proportion of money the late husband kept for himself.
Second Pot (Pot 2): portion of income used on joint expenditure of the couple.
Third Pot (Pot 3): the portion of earnings used to support his wife.
Fourth Pot (Pot-4): portion used for the children.
Calculating Dependency Claim
In this instance – the annual sum that can be claimed as fatal accident earnings dependency is 75%, being pot 2, pot 3 and pot 4.
The deceased husband was the only family member earning income.
Thus, the annual sum for fatal accident earnings dependency would be 75% of his annual net income.
If his wife had been earning then her income would be deducted from the 75% total.
Apportionment Summary
If one person is earning then apply percentage 66% for a couple and 75% for a family to the late husband’s net income. Should two people be earning then the same percentage of 66% for the couple and 75% for a family applies. However, now deduct the survivor’s whole income to give the net annual sum.
How Total Dependency Compensation Is Calculated
Multiplicand and Multiplier Explained
The annual sum is known as the multiplicand. Whereas, the number of years the annual sum is received after trial is known as the multiplier.
Tables To Calculate The Multiplier
The multiplier is calculated based on certain tables.
These tables calculate life expectancy. In addition, they provide for a significant adjustment for early receipt of compensation monies.
It is presumed that compensation monies received early can be invested (increasing in value) or saved (attracting compound interest). Therefore – value increases as time goes by.
How the Trial Date Affects Compensation
A recent case known as Knauer – v – Ministry Of Justice determined that the multiplier started from the date of trial.
Understanding the “Term Certain” Period
The time period between the date of death and the date of trial is an exact time period, known as the term certain.
Final Dependency Calculation
A fatal accident earnings dependency would, therefore, equal the term certain multiplied by the annual sum plus the multiplier times the annual sum.
(Term Certain x Annual Sum) + (Multiplier x Annual Sum)
For example – if it took two years between death and trial, you would received 2 x annual sum plus the annual sum x the multiplier.
What to Do If You Have a Dependency Claim
The calculations of fatal accident earnings dependency compensation are very complex. Therefore, you should speak to a specialist solicitor as soon as possible to assess your claim.
We offer specialist solicitor free online / telephone help with fatal accident compensation claims.
Do Not Delay
Do not delay in seeking help. You risk losing the right to claim due to the statutory limitation period.
Bereavement Damages Explained
A bereavement damages payment is a compensation payment for the pain and suffering for the loss of the deceased.
Only very close relatives can claim bereavement damages.
This is a fixed sum of money and is divided amongst those entitled to claim it.
Who Can Claim Bereavement Damages
Only a few limited types of family member can claim a bereavement loss damages payment, and they include:
Wife, husband or civil partner
The wife, husband, and civil partner of the deceased can claim bereavement damages.
Parents of child under 18 years of age
If the deceased was a minor (under the age of 18 years in England and Wales) – you can only claim if you are a parent of the deceased
Mother of an illegitimate child
If the deceased was an illegitimate child you can only claim if you are the mother.
Dependants May Be Able To Claim Additional Compensation
If you are also a dependant (as explained earlier) you may also be able to claim dependency fatal accident compensation.
Bereavement Damages Amounts by UK Jurisdiction
In England and Wales, the government fixes the amount of compensation for bereavement damages through legal statute.
Compensation Payouts Can Vary Across The UK
The different nations that make up the UK have different laws determining the compensation payouts for a fatal accident..
England and Wales
In England and Wales the bereavement award stands at £15,120.
Northern Ireland
In Northern Ireland the bereavement damages award is currently £17,200.
Award To Increase Regularly
In Northern Ireland, the bereavement damages payment will regularly increase.
Scotland
In Scotland, the amount of bereavement damages you can claim varies, as it is calculated on a case-by-case basis, depending on the specific circumstances.
Bereavement Claims for Criminal Injury
You can make claims for a bereavement loss due to death in a criminal injury if you are:
- 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.
Criminal Injury Compensation Scheme Revisions
The criminal injury compensation scheme is regularly revised. Therefore, it is important to visit the CICA website for up-to-date details on who can claim fatal injury compensation and the amounts that can be claimed.
DWP Bereavement Support Payments
As personal injury solicitors we deal with claims against a party who is at fault in negligence.
We do not provide information nor assistance regarding benefit payments that might be available to you.
However, we recommend you see the government guidance on bereavement support payments (formerly bereavement allowance or widow’s pension).
Such payment might be available in England and Wales via the Department of Work and Pensions (DWP) – to a husband, wife or civil partner (in the event of the death of a loved one).
DWP Payments Not Dependent On Legal Fault
There will be some eligibility criteria from the DWP, but these payments are not dependent on legal fault merely death whatever the cause might be.
When the Deceased’s Estate Can Claim
Grant of Probate (Where a Will Exists)
If the deceased made a will before death – an estate will exist.
The deceased will have appointed executors to carry out the will in the event of death. The executors should obtain a grant of probate, which will allow administering of the estate and give the authority to make a claim for any fatal accident compensation on the estate’s behalf.
Letters of Administration (Where No Will Exists)
If you pass away without making a will, the law will consider you to have died intestate.
However, an estate can still exist, but an appropriate person must apply for letters of administration to administer the estate and make a claim.
Claims for the Deceased’s Pain and Suffering Before Death
In either set of circumstances – a claim for pain and suffering (and financial loss) before death of the deceased will not die. The estate can continue the claim.
For example 1 – a road accident which leads to significant injuries that cause death after a few days. The deceased would have a claim for pain and suffering from accident to death – but clearly would not have the time to make a claim.
See our death compensation claim article setting out how much the estate can claim for the death of the deceased.
Example 2. Imagine you have an existing case that you were making for an asbestos-related condition, such as mesothelioma that led to suffering in life. Your estate would likely still be able to to continue with your claim for the pain and suffering you experienced in life (even after you have passed).
Time Limits for Fatal Accident Compensation Claims
We recommend you click death accident claim to see how long you have to start your fatal accident compensation claim.
Summary – Fatal Accident Compensation Payouts
In summary, this guide brings together the key elements of fatal accident compensation claims, including who can claim, the types of loss that may be recovered, and how dependency awards are calculated based on the circumstances of the deceased and their family. It also provides a structured overview of how these claims are assessed in practice across different types of loss.
Free Specialist Legal Help
We provide free online and telephone legal help and assistance. You can not only ask a question and call direct to our solicitors, but also have your claim assessed both online or on the telephone.
