As well as being a fair response to what’s happened, fatal accident compensation could provide vital financial help at what is bound to be one of the most difficult times of your life.

If you’ve lost someone in a fatal accident and think it was caused by the negligence of another party then contact Beacon Law and we’ll explain whether we think you’re entitled to compensation.

What Compensation Can You Claim for a Fatal Accident?

You can claim compensation for a fatal accident if a person close to you has passed away due to someone else being negligent. Common examples of fatal accidents which lead to compensation claims include road traffic accidents and accidents in the workplace.

No matter what the circumstances are, the experts at Beacon Law will talk you through the law in a clear and empathetic manner and explain whether you could be eligible for compensation. If we think you are then we’ll work with you to build the strongest possible claim and get the compensation you deserve.

The law dealing with fatal accident claims is complex and many different factors can play a part in whether a claim is successful and how much compensation is awarded. We can deal with this complexity in a supportive and empathetic manner, handling the legal aspects of the claim and gathering the relevant evidence while you take the time to grieve and try to come to terms with your loss.

Fatal accident compensation can include a bereavement award as well as amounts for pain and suffering, medical costs, funeral expenses, lost income, loss of dependency and any other expenses incurred. The people who can make a fatal accident claim include children, spouses, parents, civil partners, siblings and cohabitees.

In general terms, if you were close to the deceased and suffered due to their death – particularly if some of the problems caused were financial – then you may be able to claim compensation. At the time of writing, the statutory bereavement amount is £15,210, paid out to all eligible claimants when someone dies in an accident, or through circumstances such as an industrial illness.

The amount of £15,210 is set and doesn’t vary depending on the circumstances of the case, but it doesn’t prevent you from claiming further compensation for your loss. It will also be divided between all eligible claimants.

In addition to the statutory bereavement payment, our expert solicitors can help you to claim other amounts, which can range from a few thousand pounds to several hundred thousand. Factors which could influence the final amount awarded include the age of the deceased, the income they were bringing in when they died and the number of dependents.

Eligibility Criteria for Making a Fatal Accident Claim

The law dealing with fatal accident claims is the Fatal Accidents Act 1976. Under this law, the people eligible to make a fatal accident claim are as follows:

• The spouse or former spouse of the deceased
• The civil partner or former civil partner of the deceased
• Anyone who was cohabiting with the deceased at the time of their death and had been for at least the previous two years
• A parent of the deceased
• Anyone treated by the deceased as a parent
• A child of the deceased
• Anyone treated as a child by the deceased as part of a marriage or civil partnership
• A brother, sister, uncle or aunt of the deceased

If your relationship with the deceased was in any of these categories then you may be eligible to make a claim for compensation. The claim will only be successful if you can show that the death happened because another party behaved negligently in some way.

The Fatal Accident Claim Process Step-by-Step

Losing a loved one in a fatal accident is devastating, and taking legal action is probably the last thing you’ll want to think about in the immediate aftermath. Claiming compensation you might be entitled to is the right thing to do, however – it recognises the unfairness of
what’s happened to you and could be a huge help when it comes to rebuilding your life.

Here at Beacon Law we’ll treat you as an individual, not just a case number, and take you through the process of claiming compensation one manageable step at a time. We understand how daunting it can be to take legal action following a loss of this kind, and we’ll combine our legal expertise with support and understanding.

We do all of this on a no win no fee basis, meaning that you can claim compensation without having to worry about up-front legal costs, and will get to keep the majority of any money you are awarded.

The fatal accident claims process can be broken down as follows:

If you lose a loved one in an accident and think that another party might have been negligent in causing the accident then you should contact the team at Beacon Law. During a free, no obligation consultation we’ll establish the facts of your case and explain whether you can claim compensation.

If we think you have a strong case for compensation we’ll work with you to keep things as simple as possible, gathering the evidence needed to build the case and working on your behalf to deal with all relevant parties

Report – The first stage of this process will involve us talking to you to build the fullest possible picture of the circumstances in which your loved one died. We’ll compile a full report and take details such as the date and location of the accident which killed them and exactly how it happened.

At this stage we will also build a full picture of how you and other dependants have been impacted by the death of the deceased. This will include talking about earnings which are no longer coming in now that your loved one has been killed, and services which they would have provided if still alive.

We’ll also explain the no win no fee system, including the fact that you won’t have to pay for anything we do to build your claim, such as gathering evidence, speaking to witnesses and negotiating with the other party.

Collecting evidence – We’ll set about collecting as much evidence as possible to support your claim that the fatal accident was caused by negligence. This evidence could include but isn’t limited to, the following:

• Incident reports relating to the accident from parties such as the police, the Health and Safety Executive and employers
• Any available photographic evidence of the scene of the accident
• Any available CCTV footage of the accident happening
• Any evidence showing that the other party should have been aware of the accident happening – i.e. accident book entries in a workplace, or previous accidents in a public space such as a shop
• Statements from any witnesses to the accident
• Medical records relating to the accident, the injuries sustained and the cause of death

In more complex cases we may need to work with experts such as forensic analysts, accident reconstructions and financial advisors to build a full picture of details such as how the accident happened, who was to blame and the financial impact it has had.

Calculation – We’ll make a calculation of the full financial impact which the fatal accident has had on you and other dependents in your family. This will be made up of amounts including, but not limited to, the following:

• Loss of earnings – an amount representing the income the deceased would have earned through their working life. If you have lost a partner and had to give up work to care for children as a result, this loss of earning will also form part of any claim
• Loss of pension – an amount representing the pension provision the deceased would have been entitled to
• Loss of services – this is a financial amount calculated to represent things the deceased would have done such as household chores, childcare, gardening, DIY, decorating etc
• Funeral costs – you can also claim reasonable costs for a funeral, including things like flowers, a headstone and a wake

Starting the claim – Once we have a clear picture of how the fatal accident happened and who we think was to blame we’ll get in touch with the other party and open the channels of communication, telling them that we are starting a claim on your behalf. In most cases this will mean contacting an insurance company representing the other party.

Negotiation – having built the strongest possible case and reached what we feel is a fair figure for compensation we will negotiate with the other party. This negotiation will deal with two issues:

• Whether they accept liability for the accident which killed your loved one
• Whether they agree with our calculation of the damages suffered and what would be a fair amount of compensation

If the other party admits liability and agrees to the amount of compensation asked for then your claim will be settled. We always aim to settle claims without having to go to court, relying on our expertise in dispute resolution and mediation to reach a fair settlement.

In some cases the other party may admit liability but query the compensation amount in which case we will negotiate with them on your behalf. Our experience of handling claims of this kind means that we know exactly how much compensation you should be entitled to and will never settle for anything less than the maximum amount you are owed.

In more complex cases it may take some time to agree on the amount of compensation, and if this happens we will ask for interim payments to cover the losses you are already dealing with. Any interim payments awarded will be deducted from the final compensation amount.

Court – In very rare cases a fatal accident claim may have to be settled in court. If this does happen then our experts will work by your side throughout to present the strongest possible case and make sure the court understands everything you’ve been put through.

How Long Do Fatal Accident Claims Take?

The length of time a fatal accident claim takes will depend upon individual circumstances, but fatal accident claims are more complex than most personal injury claims and will probably take anything between 9 months to 2 years to settle. It could be longer than this in the most complex cases, such as those involving a criminal investigation.

Factors that could lead to a claim taking longer to settle include the refusal of the other party to admit liability or make a fair compensation offer, the possible need to use experts to quantify the compensation being claimed for the loss of dependency and services, and having to go to court to decide a claim. In all cases the team at Beacon Law will work to get your claim settled fairly and as quickly as possible.

We’ll provide an estimated timeframe when we take your claim on and keep you updated throughout if anything changes.

Understanding Fatal Accident Claims and Bereavement Damages

There are two types of fatal accident claims that Beacon Law can help with – claims on behalf of the estate of the deceased and claims on behalf of the dependants.

Claim on behalf of the estate

This type of claim can be brought by the Executor or Administrator of an estate, if the deceased would have been able to claim if they had survived. They can claim compensation for:

• The pain and suffering of the deceased between the date of the accident and the time of their death
• Any financial losses of the deceased between the date of the accident and the time of their death. This could include things like lost earnings, travel expenses, care and assistance provided by friends and family and medical expenses
• Funeral expenses

Claim on behalf of dependants

This is the type of claim dealt with in the rest of this guide, made by dependents of the deceased rather than on behalf of the estate. It is possible to make both sorts of claim following an accidental death, but it should be noted that only one claim on behalf of dependents can be made.

The fact that you are only entitled to claim once in this way means that all eligible dependents should be included as part of your claim.
This claim will include the bereavement award, currently fixed at £15,120, to be shared between all eligible parties, and the loss of dependency award.

The aim of the loss of dependency award is to ensure, as far as possible, that the dependents making the claim can have the same standard of living they would have had if the loved one had not died. The compensation will also include an amount to compensate for dependency on the earnings and income of the deceased, calculated using the following:

• The annual income of the deceased and of the dependant partner
• Any potential future changes in household income, through things such as retirement or promotion
• The presence of any children in the household, and the date on which they will turn 18 and no longer be deemed dependant
• The ages of the deceased and their dependants

Compensation will also include an amount for dependency on services, which is intended to compensate dependents for services which the deceased used to provide, such as childcare, DIY, household cleaning etc. The amount is usually calculated using the cost of accessing the same services at the standard commercial rate for as long as the deceased would have provided them.

Time Limits for Filing a Fatal Accident Claim

There is a time limit for making a fatal accident claim of three years, dating from the date of death or from the date on which the death is linked to a specific accident or incident. A person could die of a work related illness, for example, but the link between the illness and their working conditions might not become apparent until some time later.

If the deceased was under 18 at the time of their death, then the three year period will only start to run from the date of their 18th birthday until their 21st.

Despite the three year limit we would always recommend starting a claim as soon as it is apparent that the fatal accident was caused by negligence. The sooner the claim starts, the sooner it will be completed, and the events are likely to be fresher in the memories of any witnesses if the claim starts as quickly as possible.

Why Select Beacon Law for Your Fatal Accident Claim Needs

You should select Beacon Law for your fatal accident claim needs because we understand exactly what those needs are and what it takes to make a successful claim for compensation. We know how upsetting it can be to lose a loved one because of someone else’s negligence, and
we’ll take the stress and work out of building your claim, giving you space to grieve and come to terms with what’s happened while we seek the compensation you deserve.

We treat every client in the same way – as an individual person and not a case number. We provide support and advice throughout the claims process in an accessible, jargon-free manner, working with you on a one to one basis and making ourselves available whenever you have any questions.

We’ll handle your fatal accident claim on a no win no fee basis, so you can start a claim without having to pay anything upfront and without worrying about the cost of the service we provide. We’ll bring 200 years of combined legal expertise and experience with us when we work on your case, and the success fee we take from any compensation you’re awarded will never be more than 25%.

If you’ve lost a loved one because someone else was negligent then it’s going to have an impact for the rest of your life. Claiming fatal accident compensation with Beacon Law won’t stop that happening, but it will offer a sense of justice being done, as well as making sure that your loss doesn’t leave you struggling financially.

If a loved one has been killed in an accident caused by the negligence of another party please contact us today for a free, no obligation consultation. If we think you have the right to be compensated, we’ll do everything we can to make it happen.

Types of Fatal Accident Claims

There are many ways in which fatal accidents can happen through the negligence of a third party. The following are amongst the kind of cases we have experience of working on:

Road traffic accidents – Fatal accidents involving motor vehicles include collisions, pedestrian accidents, scooter accidents, cyclists being knocked off their bikes and crashes caused by speeding or inattentive driving

Medical negligence – Fatal accident claims because of medical negligence could involve patients whose death was caused by delayed diagnosis, misdiagnosis, surgical errors and wrongly prescribed medication

Workplace accidents – Many workplaces are dangerous places if the proper care and attention isn’t taken. Fatal accidents could happen in industries such as construction, agriculture, manufacturing and warehousing.

Falls from height – Falls from height can happen in a range of circumstances including poorly placed ladders, badly constructed scaffolding and malfunctioning guardrails

Drowning – Accidental drowning can happen in places such as swimming pools, open bodies of water and even bathtubs, and can lead to a fatal accident claim if the drowning happens because of negligence

Industrial illnesses – If the death of a loved one was caused by an illness which they contracted at work then it may have happened because an employer behaved negligently, and a claim can therefore be made

Slips, trips and falls – in the worst case scenario a slip in a public place such as on a wet supermarket floor could cause fatal injuries, i.e. injuries to the head and spine

Sports – some sports, particularly the more extreme types, could cause fatal injuries when things go wrong, and this may be because the party responsible for organising the sport behaved negligently

Frequently Asked Questions:

What immediate actions should be taken after a fatal accident to begin a claim?

The first thing you should do if you want to begin a claim following a fatal accident is to get in touch with Beacon Law. We’ll explain whether it seems as if the fatal accident was caused by negligence, and how we can work with you to make a compensation claim.

In the aftermath of losing a loved one the last thing you’ll want to think about is gathering evidence and keeping records, but we’ll guide you through the process in a patient and empathetic manner.

Who is considered eligible for compensation following a fatal accident?

The people who are considered eligible for compensation following a fatal accident include the following:

• The current or former spouse or civil partner of the deceased
• A child, stepchild or other descendant of the deceased
• A person who has been cohabiting as a partner with the deceased for at least 2 years
• The parent or grandparent of the deceased, or a person they treated as a parent
• The brother, sister, aunt or uncle of the deceased and any children of these relatives

It is also possible for the executor or administrator of the estate of the deceased to claim compensation on behalf of the estate, relating to the period between an accident happening, and the deceased dying as a result of their injuries.

Is there a deadline for submitting a fatal accident claim, and what are the exceptions?

Yes, and the time limit for making a fatal accident claim is generally three years from the death of your loved one or three years from the date on which their death was linked to a specific accident, incident or set of circumstances.

The exception to this rule is if you are claiming following the death of a child, in which case the time limit runs from their 18th birthday, meaning you have until the date of their 21st birthday to make a compensation claim.

Can funeral expenses be covered in a fatal accident compensation claim?

Yes, funeral expenses can be recovered as part of a fatal accident claim. This means claiming for the reasonable cost of things like a funeral or cremation, flowers and a wake.