By Danielle Nicholson. Last Updated 23rd August 2023. In this guide, we will assess the amount of fatal accident compensation that could be awarded in a payout. If your loved one sustained a fatal injury due to a breach of a duty of care, you could be eligible to make a compensation claim for the impact the death has had on your life.
Amount of fatal accident compensation guide
The central pieces of legislation we will reference in this article are the Fatal Accidents Act 1976 (FAA) and the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA). Together they create avenues for certain parties to bring forward a claim following the death of someone caused by negligence.
The FAA focuses on certain relatives, called dependants. It allows them to make a claim for the impacts of the death on their life. Whereas the LRMPA allows the estate of the deceased to bring forward a claim for the pain and suffering the deceased experienced before their death.
Later in this article, we will include a compensation table containing guideline figures. Furthermore, we will highlight some of the ways using a No Win No Fee solicitor could benefit your case. However, if you have any questions, please don’t hesitate to contact one of our advisors. They are available 24/7 to provide confidential legal advice.
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- Calling us on 0161 696 9685
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Select A Section
- Is There A Typical Amount Of Fatal Accident Compensation?
- When Could You Claim For a Fatal Accident?
- Dependants’ Claims For Fatal Accident Compensation
- How Much Is The Statutory Bereavement Award?
- How Much Is A Fatal Accident Claim Worth?
- Begin A No Win No Fee Fatal Accident Claim Today
Is There A Typical Amount Of Fatal Accident Compensation?
It is difficult to determine a typical amount of fatal accident compensation as the unique details of each claim affect the level of the award. There are various ways in which a fatal accident could occur. If the injury is caused by a third-party breaching their duty of care, this is called negligence.
Some examples of fatal accidents that could occur include:
- An accident at work – employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). They should take all reasonably practicable steps to ensure safety in the workplace.
- A road traffic accident – road users owe one another a duty of care. The Road Traffic Act 1988 sets out the duty of care for road users and outlines certain road offenses. Additionally, The Highway Code outlines the ways that road users should act to prevent accidental injury. Some of the rules in the Highway Code are elsewhere backed up by law.
- An accident in a public place – The body responsible for a public place has a duty of care to ensure the safety of its visitors, as outlined by the Occupiers’ Liability Act 1957.
If a third party breaches their duty of care, causing your loved one to suffer a wrongful death, you could be eligible to make a claim. Contact our advisors for more information.
How Common Are Fatal Accidents?
The Department for Transport provides statistics on the reported road casualties in Great Britain in the year ending June 2021:
- There were an estimated 1,390 road deaths reported.
- 24,530 people were estimated to have been either killed or seriously injured.
- There were a total of 119,850 road casualties of all casualties.
Fatal accidents at work statistics show the number of work-related deaths that occur. The Health and Safety Executive (HSE) website compiles reports by employers made under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). In their workplace fatal injuries in Great Britain, 2022 report, they state:
- Work-related accidents caused 123 worker fatalities in 2021/22.
- The largest portion of these fatal injuries, at 30, occurred in the construction sector.
It is important to note that these figures do not relate strictly to negligence, but instead represent fatal injuries overall.
When Could You Claim For a Fatal Accident?
In the initial six months following the person’s death, only the deceased’s estate can bring forward a claim. This claim could cover both the deceased’s suffering and the impact on the dependants’ lives. Although, if the estate does not make a claim within the six months, dependants can then bring forward a claim for the impact the death has had on them.
As a dependant, you cannot claim compensation on behalf of the deceased for their pain and suffering. Because of this, the amount of fatal accident compensation that could be awarded might vary depending on whether the estate or dependents are claiming.
Additionally, it is important to know the relevant time limits that apply to fatal accident claims. You should generally start your claim within three years of the person’s death or the date of knowledge. The date of knowledge is the date that their death was connected with negligence, and could be a postmortem, for example.
If you would like to learn more or enquire about any of the exceptions that can apply to these time limits, speak to one of our advisors.
Dependants’ Claims For Fatal Accident Compensation
Various losses that dependents could claim reimbursement for include:
- Loss of earnings for the deceased if they would have financially contributed to the household, for example.
- The loss of a special person – also known as loss of consortium. This can cover the loss of companionship or a sexual relationship, for example.
- Loss of services – for example, if the deceased performed tasks such as DIY around the house.
- Funeral costs – if eligible.
There is also a bereavement award that certain parties could be eligible to receive, which we will discuss in more detail in a later section. Continue reading to learn who could qualify as dependents.
Qualifying Dependents
According to Section 1 of the FAA, dependants who could bring forward a claim could include the deceased’s:
- Children, stepchildren, or another descendant
- Spouse or former spouse
- Civil partner
- A person who has been cohabiting, as spouses, with the deceased for the past two years
- A parent or someone treated as their parent
- Sister or brother
- Aunt or uncle
If you want to know if you are eligible to make a claim, contact our team of advisors to enquire about the amount of fatal accident compensation you could receive.
How Much Is The Statutory Bereavement Award?
The bereavement award compensates certain parties for the loss of a loved one. Mind explains that bereavement is characterised by grief, which could greatly impact your life.
The eligibility conditions for the award are outlined by Section 1A of the FAA. It explains that the award consists of a fixed figure of £15,120. Therefore, if more than one dependent receives this award, the amount will be divided equally between them.
This award can be claimed by:
- The deceased’s wife, husband or civil partner
- The deceased’s cohabiting partner
- The parents of a deceased who was a minor and never married
If you have any more questions about how the amount of fatal accident compensation is calculated, contact our team of advisors.
How Much Is A Fatal Accident Claim Worth?
As we previously stated, only the deceased’s estate can make a fatal accident claim for the deceased’s pain and suffering.
When assigning value to the physical pain and mental suffering your loved one experienced due to their fatal injury, legal professionals can refer to the Judicial College Guidelines (JCG) from Judiciary UK. This text lists guideline compensation brackets for various types of injuries.
In our table below, we look at some figures from the 16th edition of the JCG. The table is only provided for guidance and does not represent how much could be awarded in individual cases due to the differences between fatal claims.
| Type of Injury | Details | Compensation Brackets |
|---|---|---|
| Death with additional claims | The amount could compensate for the deceased's pain and suffering as well as certain losses affecting dependants, such as loss of earnings. | Up to £550,000 or over |
| Quadriplegia | Several factors could impact the amount awarded. For example, the level of awareness, live expectancy and pain levels. | £324,600 to £403,990 |
| Paraplegia | Several factors could impact the amount awarded. For example, the level of awareness, live expectancy and pain levels. | £219,070 to £284,260 |
| Very Severe Brain Damage - (a) | The injured person will need full-time medical care. If they can interact with their environment, it may not be in a meaningful way. | £282,010 to £403,990 |
| Severe Psychological Harm - (a) | The injured person will have marked problems with their ability to cope with daily life and relationships. | £54,830 to £115,730 |
| Severe Post Traumatic Stress Disorder (PTSD) | The symptoms prevent the injured party from functioning at the same levels as prior to the incident. | £59,860 to £100,670 |
| Death with Full Awarenes | The injured party experiences short full awareness followed by fluctuating levels of consciousness for between 4-5 weeks along with intrusive treatment and significant injuries. Death occurs within a 12 weeks. | £12,540 to £23,810 |
If you have any questions, such as ‘What is the average fatal accident compensation amount in the UK?’ you can contact our advisors today.
Begin A No Win No Fee Fatal Accident Claim Today
Claiming with a solicitor operating under a kind of No Win No Fee agreement called a Conditional Fee Agreement (CFA) could benefit your claim. It means you generally do not make payments for the services of a solicitor if your claim is unsuccessful. Under this kind of agreement, you will also usually not have to make any upfront or ongoing payments for a lawyer to start work on your claim.
On the other hand, a successful fatal accident claim will mean your solicitor will take a small percentage of the compensation, known as a ‘success fee’. The law limits the percentage that can be deducted. This means your solicitor cannot overcharge you.
If you discuss your claim with one of our advisors, they can assess whether you could be eligible to be connected with one of the No Win No Fee solicitors from our panel.
Please speak to us by:
- Calling us on 0161 696 9685
- Writing to us through the live chat feature on the page
- Filling out our online form to contact us
Related Claims Fatal Accident And Injury Claims
More informative fatal accident guides from our website:
- Wrongful Death Or Fatal Accident Compensation Claim Guide
- Fatal Car Accident Claim – How To Seek Compensation
- Care Home Death Negligence
External pages to take a look at:
- NHS – Grief after bereavement or loss
- GOV – What to do when someone dies: step by step
- GOV – Applying for probate
Thank you for reading this guide on the amount of fatal accident compensation that could be awarded for a successful claim.
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