The death of a family member caused by someone else’s negligence — in a road accident, at work, due to medical error, or in a public place — is devastating. The law recognises that bereaved families may be entitled to financial compensation under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934.
Who can bring a fatal accident claim?
Dependants of the deceased can bring a claim under the Fatal Accidents Act 1976. Dependants include a spouse or civil partner, a former spouse receiving maintenance, a partner who lived with the deceased for at least two years, children and other descendants, parents and other ascendants, and siblings. There is no requirement that dependants be financially dependent — loss of services such as childcare and domestic contributions can also be claimed.
What can be claimed?
Dependency claims cover the financial loss suffered by dependants as a result of the death — lost income, the value of services the deceased provided such as childcare, DIY, and care for elderly relatives, and future pension loss. Bereavement damages of £15,120 are payable to a spouse, civil partner, or the parents of an unmarried child under 18. Funeral expenses can also be recovered. The deceased’s own estate can separately claim for pain and suffering experienced before death and for any financial losses incurred before death.
How is a dependency calculated?
The multiplier-multiplicand method is used. The multiplicand is the annual value of the dependency — typically the deceased’s net income after their own personal expenditure. The multiplier reflects how many years the dependency would have continued, adjusted for the chance that circumstances might have changed. This produces a lump sum intended to represent the capitalised value of the lost income stream.
What is the time limit?
Fatal accident claims must generally be brought within three years of the date of death, or three years from the date the personal representative acquired knowledge of the relevant facts, whichever is later. Courts have discretion to extend this period in limited circumstances.
Do you need a coroner’s inquest first?
Not necessarily, but an inquest can provide valuable evidence about the cause of death and who was responsible. If an inquest is ongoing, your solicitor will monitor it and use any findings to support your claim. You do not need to wait for an inquest to conclude before instructing a solicitor.
Fatal accident claims are among the most complex and sensitive personal injury cases. A specialist solicitor will handle the process with care while protecting your family's interests.