Fatal accident & wrongful death compensation claims

Why make a fatal injury claim?

If your partner or spouse passed away, we know that you'll be adjusting to life without them. But we know that in some cases, you may have been reliant on their income and we realise that this can leave you in a very difficult and stressful situation.

Making a fatal accident claim will not only provide compensation for death of a loved one, but a fatal accident claim can compensate you for the financial contribution that the deceased would have made to the family. This could be lost income or the loss of services that they provided, like housekeeping or childcare. 

The death of a non-dependent family member can also cause considerable financial strain because of the cost of funeral arrangements, legal fees and many other unexpected costs, which can have a serious impact on your financial situation. You may also have been worried about losing your home if the property was owned by your loved one and wasn't left to you in their will.

Am I eligible for fatal accident compensation?

As a free advisory service, we're here to give you clarity on your situation and legal standing in such a distressing and draining time.

Quite simply, this means that you can contact us to find out if you can make a fatal injury claim for a deceased family member without the obligation to start a claim. All you have to do is call us on , or request a call back. 

Alternatively, if you're not quite ready to speak to someone about your experience, we typically advise that if a member of your family passed away as a result of an accident or medical mistake in the last three years then you may be able to make a claim for compensation of death. The accident or medical negligence they suffered must not have been their fault for a claim to be considered.

What are the types of fatal accidents that can result in a fatal injury claim?

Any negligent behaviour or accident, if serious enough, can be fatal and might mean you can claim. However, there are some accident types that are more likely to result in death, and potentially a successful claim for compensation of death. 

• Road traffic accidents - Reckless driving at speed is a common cause of road traffic accidents and ultimately fatalities. In fact, in 2019, it was reported there were a total of 1,748 reported road deaths. 
• Workplace accidents -There are also cases where a workplace accident has led to a fatality such as those that involve dangerous machinery, working at height or other industrial or construction accidents. The construction industry was responsible for the majority of fatal workplace accidents last year, followed by agriculture, forestry and fishing. 

Industrial diseases and illnesses - Fatalities may also be caused by industrial diseases and illnesses, such as carbon monoxide poisoning and asbestosis. Even if your exposure to asbestos was a long time ago, we may still be able to help you.

Can I get compensation due to medical negligence?

If your loved one suffered a medical mistake, delayed diagnosis or misdiagnosis or any other form of medical neglect that led to them passing away, then it's likely we can help you. Fewer than 2% of the cases handled by NHS Resolution end up in court, meaning the majority of claims are settled out of court or dropped by the claimant. 

If you would like to talk to one of our fatal accident claims experts about medical negligence resulting in death, you can contact us today on or visit our medical negligence section for more advice and details on making a medical negligence claim.

What is the claims process for fatal accident claims?

The first step towards making a fatal accident claim is getting in contact with us. Our advice and services are free and are there to give you peace of mind if you do have a claim.

You're under no obligation to start a fatal accident claim when you contact us, but if you do choose to continue you'll then be transferred to an experienced lawyer who will give a free initial consultation on how they can help you and what the next steps are.

Many people who contact us are worried that they'll have to go to court in order to make a claim. In around 95% of cases this is not necessary, but if your case does need to go to court, your solicitor will be on hand to guide you through the process.

Typically, when a fatal accident claim is made, you can claim compensation on the victim's behalf (also known as a victim's claim), or, if you were reliant on your loved one's income, you can make a claim to cover the loss of the financial support they provided (also known as a dependant's claim).

Dependant's claim

A dependant's claim is made when you were supported by or reliant on the income of the person who passed away. The Fatal Accidents Act (1976) states that if you were partially or entirely financially dependent on your loved one, you can make a case to recover the loss of that financial support.

Family members who can make a dependant's claim include:

• A child, or person treated as a child

• Parent or guardian

• Grandchild

• Grandparent

• Brother or sister

• Aunt or uncle

• Child of brother, sister, aunt or uncle

• Husband or wife

• Former husband or wife

• Cohabiting couple living together for two years or more

Victim's claim

Compensation for death can also be claimed on behalf of the person who died.

Your loved one may have suffered financial losses between the time of their injury and their death because of treatment costs or having to take time off work. You may be able to claim these costs back on their behalf.

You may also be able to claim compensation for any pain or suffering that they experienced as a result of their accident.

To get advice or to find out whether you have a case, call our friendly personal injury advisors on . They'll be able to answer any questions you have and talk through the next steps in more detail.

How much is the statutory award for bereavement?

In addition to the victim's claim and the dependant's claim, you may also be able to receive a statutory award for bereavement. Under the Fatal Accidents Act, dependants of the deceased are allowed to make a claim for the award of bereavement damages following the wrongful act of a defendant.

The Fatal Accidents Act increased the amount of compensation for death from £12,980 to £15,120 in May 2019. The sum acts as recognition that the death of your family member was wrongful. It also helps to compensate for the suffering that you have experienced. The statutory award for bereavement can help cover the financial losses you've suffered on top of any compensation that you receive. 

Currently cohabiting partners cannot receive the statutory award for bereavement, but the Remedial Order correcting the incompatibility of the Fatal Accidents Act with the European Convention of Human Rights will allow damages to be recovered. 

It is unclear when the Order will be passed.

Is there a time limit to seek fatal accident compensation?

Yes, there is. Typically, you have three years from the date of the fatal accident to make your claim. This three-year limitation commences from the date of death. 

If the deceased was in the process of dealing with a personal injury claim when they passed, the three-year deadline would begin again from the date of their death. This allows the family to continue with their fatal accident compensation claim.

How can I make a fatal accident claim?

We understand that you've been through a traumatic experience, which is why we aim to make the fatal accident claims process as simple and stress-free as possible. All you need to do is give us a call on  or fill in our online claim form. We'll talk you through the whole process, and only when you're ready will we proceed with your fatal accident claim.We'll talk you through the whole process, and only when you're ready will we proceed with your fatal accident claim.

Can I make a no win no fee wrongful death compensation claim?

The majority of our fatal accident claims are made on a no win no fee basis. This means there is no financial risk to you, provided you take out certain insurance. We can help arrange this for you. Then, in the unlikely scenario that your claim is unsuccessful, you won't have to pay anything at all.

If your compensation of death claim is a success, you'll pay a fixed percentage of your compensation amount for your solicitor fees. This percentage will be agreed between you and your solicitor before you start the fatal accident claims process, so you can rest assured you won't have to pay any additional fees.

Why choose National Accident Helpline for fatal accident claims? 

For over years_since years, we have been helping people like you make fatal accident claims following the death of a loved one.

When you call, one of our friendly personal injury advisors will take your call. They have a huge amount of experience dealing with cases similar to yours, and understand how difficult it can be to talk about the loss of a loved one.

Any information you can give us about the accident will help with your case, but you don't need to worry about giving the finer details at this stage.

During your call with us, we'll let you know if we think you have a claim, and should you give your permission for us to continue, we'll choose a solicitor for you and transfer you to them, usually on the same call.

Your solicitor will then guide you and your family through the process of making a claim and complete most of the paperwork on your behalf, leaving you with time to focus on recovering from your loss.

We're on your side to help you get the compensation of death you deserve during this difficult time. If you're ready to contact us to make a fatal accident claim, you can call us for free on or enter your details into the form below and we'll call you back. Our call backs are typically done within 30 minutes during our opening hours.