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If you have lost a loved one due to an accident that was not their fault, you could be entitled to claim compensation. Fentons could be able to help you claim for the financial and emotional impact of your loss. This guide explains accidental death compensation claims, eligibility, legal frameworks, and how to start a claim.

Key Facts

Understanding Accidental Death Compensation in the UK

Accidental Death Compensation Claims Guide

 

Accidental death compensation is a legal process that allows families to claim damages when a loved one has died due to someone else’s negligence or failure in their duty of care. It aims to provide financial relief and justice to the bereaved. While no amount of compensation can replace a life, it can ease financial pressures and secure the family’s future. Claims can be pursued for deaths caused by road accidents, workplace incidents, medical negligence, and other avoidable situations.

How Do Accidental Deaths That May Be Claimed for Happen?

Accidental deaths occur in many ways, but certain situations are more common in compensation claims. Understanding these circumstances can help determine whether a claim is valid. A claim may be possible when a death results from someone else’s negligence, a breach of health and safety regulations, or reckless behaviour.

Common causes include:

Who Is Eligible to Claim Compensation for Accidental Death in the UK?

The law specifies who can make a fatal accident claim. Claims are generally made by those financially or emotionally affected by the death. The Fatal Accidents Act 1976 outlines that the following individuals may claim:

It is important to understand that an accidental death is seen in a much different light than death by murder, which would be claimed as a criminal injury.

Legal Framework: The Fatal Accidents Act 1976

The Fatal Accidents Act 1976 allows dependants to claim for loss of financial support, funeral costs, emotional damages, and other financial losses suffered due to the death. Under the Act:

What Types of Compensation and Damages Are Available for Accidental Death?

When making an accidental death compensation claim, several damages may be recovered. These damages reflect the financial and emotional impact of the loss, including medical expenses, loss of companionship, and other related costs.

Types of compensation include:

In some cases, A statutory bereavement award may be available for every family member impacted by the death. Furthermore, death has its own compensation scale, as shown in this table:

SeverityAmountDescription
Full awareness£15,300 to £29,060Severe burns and lung damage causing significant pain, followed by full awareness for a short period. This is succeeded by fluctuating consciousness over four to five weeks, intensive medical treatment, or substantial physical injuries, culminating in death within a few weeks to three months.
Followed by unconsciousness£12,830 to £13,020Severe burns and lung damage resulting in extreme pain, followed by unconsciousness within three hours and death occurring two weeks later.
Immediate unconsciousness, death after six weeks£4,590 to £5,360Loss of consciousness immediately after the injury, with death following six weeks later.
Immediate unconsciousness, death within one week£1,680 to £3,410Immediate or very rapid loss of consciousness after the injury, with death occurring within a week. If the victim is briefly conscious before succumbing to their injuries the same day, the lower end of the compensation range applies.
Mental anguish£5,700Fear of impending death or a reduced life expectancy. This applies particularly to a parent of young children who experiences such distress for approximately three months.

The Role of the Coroner and Inquests

A coroner investigates unexpected deaths to determine the cause. An inquest may be held to establish the circumstances, gathering crucial evidence such as medical reports and witness testimonies.

Findings from an inquest can support a compensation claim by proving negligence, breaches of duty of care, or unsafe conditions that contributed to the fatality.

Steps to Take Immediately After a Death

If a loved one dies in an accident, the following steps can support a future claim: Taking immediate action ensures that crucial evidence is preserved, strengthening a potential compensation claim and helping to establish negligence or breach of duty of care. You should:

How Do I File a Claim for Accidental Death Compensation?

To make a compensation claim, follow these steps: Taking the correct approach ensures your legal action is as strong as possible, increasing the likelihood of a successful compensation claim and addressing any issues related to negligence or breaches of duty of care.

  1. Confirm eligibility under the Fatal Accidents Act 1976.
  2. Gather evidence of negligence.
  3. Work with a claims management firm.
  4. Submit the claim.
  5. Await the outcome or legal action.

Claiming for an Accidental Death at Work

Employers must follow health and safety laws. If a death occurs due to safety failures, a compensation claim may be made. Families of the deceased may claim for loss of earnings, funeral expenses, and other damages related to the employer’s breach of duty of care.

Compensation may also cover emotional suffering, medical expenses incurred before death, and loss of companionship. If an employer failed to follow risk assessments or ignored safety regulations, this could strengthen the claim further.

Claiming for an Accidental Death Caused by Medical Negligence

If a medical error leads to death, a personal injury action may be brought against the responsible party. Families may claim for loss of earnings, funeral expenses, and other damages linked to the medical provider’s negligence.

Claims may also include emotional distress, loss of companionship, and medical costs incurred before death. If it can be proven that a healthcare professional failed in their duty of care, this strengthens the claim. Seeking legal advice promptly ensures all necessary evidence is gathered. In short, if medical negligence results in death, a claim may be possible.

What Evidence Is Required to Support an Accidental Death Claim?

A strong claim requires evidence, including: Collecting and presenting the right documents can significantly strengthen a compensation claim. This evidence helps establish negligence, proving the responsible party breached their duty of care, making the claim more likely to succeed. Evidence could include:

What Is the Time Limit for Making an Accidental Death Compensation Claim?

Claims must be made within three years from: This legal timeframe ensures that claims are filed while evidence remains available, helping establish negligence and breaches of duty of care, which are crucial for a successful compensation claim. Limits could include:

Potential Claim Challenges and How to Overcome Them

Challenges include lack of evidence, disputes over negligence, and time limits. Additionally, proving a breach of duty of care can be complex, requiring detailed documentation.

A claims management firm can help gather medical records, witness statements, and financial records to strengthen a compensation claim. They provide guidance on legal procedures and ensure that all necessary steps are followed within the required timeframe, improving the chances of a successful claim.

Can an Accidental Death Compensation Claim Be Made Under No Win No Fee?

Yes, claims can be pursued under a No Win No Fee agreement, meaning claimants do not pay legal fees unless the claim is successful. This arrangement ensures access to justice without financial risk, allowing families to seek compensation for loss of earnings, damages, and other related costs caused by negligence.

It also provides peace of mind, knowing that there is no financial burden in making a compensation claim. Working with a claims management firm ensures that the correct legal procedures are followed, increasing the chances of a successful claim while reducing stress for the bereaved family.

Fentons Can Help You Make an Accidental Death Compensation Claim

Fentons could be able to help you claim for the financial and emotional losses caused by an accidental death. Our experts provide free legal advice and have over 30 years of experience in handling claims. To see if you can claim, call 0333 000 0723 or contact us today.

Accidental Death Compensation Claims FAQ

Can I Claim Compensation If the Deceased Was Partially at Fault?

Yes, compensation may still be possible, but the amount could be reduced based on their level of responsibility.

How Long Does It Take to Receive Compensation for Accidental Death?

It varies but can take several months to a few years, depending on complexity.

Are There Any Statutory Bereavement Damages in the UK?

Yes, a fixed amount is available for eligible claimants under the Fatal Accidents Act 1976.

Do I Need a Solicitor to Make an Accidental Death Compensation Claim?

No, a claims management firm like Fentons can handle your claim without needing a solicitor.

Can I Claim Compensation If the Accident Occurred Abroad?

Yes, but different jurisdictions and laws apply, so expert advice is essential.

Useful Resources For Accident Death Claims

GOV.UK: Lists UK-based organisations offering assistance, support, and information to those affected by a death abroad.

Citizens Advice: Offers detailed information on claiming compensation for personal injuries, covering legal processes and time limits.

Victim Support: An independent charity offering free and confidential support to people affected by crime and traumatic events.