Fatal Accidents

For many people, the loss of a family member as a result of a fatal accident can be completely overwhelming. This immense grief and shock can make it difficult to take into account the additional financial concerns they could be facing.

However, apart from the huge emotional trauma of losing a loved one, one of the main issues following the death of a family member is often an increased financial strain.

If the fatal accident occurred due to the wrongful act or negligence of another party, making a fatal accident claim for compensation can help to prevent future financial problems, and can be crucial if the victim was the main breadwinner of the family.

There are two main parts to the claim, the victim’s claim and the dependents’ claim. There is also a separate statutory award for bereavement.

Victim’s claim

If the victim suffered physical or emotional pain or distress prior to their death then this part of the claim will include compensation for these. Compensation will also be awarded for the victim’s financial loss between the time of the injury and their death. If the death occurred instantly then there will not be compensation awarded because there will have been little or no suffering to the victim.

Dependents’ claims

If a family member has been dependant on the victim for financial support, they can make a claim for the loss of that continuing support, as long as the accident was the result of the wrong act or negligence of someone else.

Family members who can make such a claim include a child or person treated as a child, grandchild, parent or guardian, grandparent, brother, sister, aunt, uncle or child of brother, sister, aunt or uncle, husband, wife, former husband or wife and cohabiters living as husband or wife for at least two years.

Statutory award for bereavement

In addition to the victim’s claim and the dependents’ claim, there is an additional damages payment following a fatal accident - the statutory award for bereavement, a lump sum which increased from £10,000 to £11,800 for deaths after 1 January 2008.

In a successful fatal accident claim, this sum is payable by the negligent party to a bereaved person following the death of a partner, spouse or child under 18, even if the deceased had no claim for pre-death injury and there was no loss of income or benefits for dependants.

Types of fatal accident

A fatal accident which leads to a compensation claim can occur in a number of different situations, but some are more common than others. Fatal accident claims are often made for fatal occupational or workplace accidents, car accidents or other road accidents, medical negligence, military accidents, aviation accidents and accidents abroad.

How to make a fatal accident compensation claim

If a member of your family has suffered a fatal accident and it was due to the fault of someone else, you could be entitled to make a claim for fatal accident compensation. As with personal injury claims, the fatal accident claim will be made on a no win no fee basis.

The National Accident Helpline will be able to put you in touch with a specialist solicitor who is experienced in making no win no fee fatal accident claims.

Our solicitors understand the care and attention needed when dealing with family members who may be severely traumatised following the death of a loved one. They will be able to guide you and your family through the process and complete most of the paperwork on your behalf.

You can call the National Accident Helpline today or claim online to find out if you are entitled to make a claim for fatal accident compensation.