Last Updated 1st April 2026. Losing a loved one in a sudden, fatal accident can have a profound, devastating impact. For surviving relatives, the emotional toll can be compounded by the strain of an insecure financial future resulting from such a tragic loss. Here at No Win No Fee Lawyers Direct, we are acutely aware that compensation may be the farthest thing from your mind during this difficult time. However, as you navigate the loss of your loved one, pursuing compensation can provide financial relief to you and your family when it is most needed. If your loved one’s death resulted from a third party’s negligent actions, there may be grounds to make a claim for compensation. Fatal accident claims can be brought forward by the deceased’s estate or qualifying relatives, so please continue reading to find out how our advisors and panel of personal injury solicitors can provide the empathetic support that grieving families like yours deserve.
Key Takeaways
- To claim for your loved one’s fatal accident, you must prove that a third party caused your loved one’s fatal injuries through negligent conduct.
- The estate is the only party that can claim in the first 6 months after the death (for the pain, suffering, and financial losses experienced by the deceased from the time of the accident until their passing).
- If the estate does not make a claim on behalf of relatives within 6 months of the deceased’s death, certain relatives can claim for funeral costs, as well as the loss of services (e.g., childcare provided by the deceased) and the deceased’s financial contribution to family income.
- Qualifying relatives may also be eligible to receive a bereavement award of £15,120.
- Fatal injury claims typically need to be started within 3 years of the accident or the date on which the death was connected to negligence.
A solicitor from our panel can provide support to you and help you with your fatal injury claim through an expert, personalised No Win No Fee service. To find out more about the fatal accident claims process, speak to one of our advisors via the information provided below:
- By phone 020 8050 4194
- Speak confidentially via live chat
- Fill out our contact us form
Frequently Asked Questions
- Who Can Make Fatal Accident Claims?
- What Types Of Fatal Accidents Can Be Claimed For?
- How Much Compensation Can Be Paid Out For A Fatal Accident?
- What Can Fatal Accident Compensation Help Pay For?
- What Evidence Is Needed To Make A Fatal Accident Claim?
- Fatal Accident Claims Time Limit
- How Can No Win No Fee Lawyers Direct Help A Fatal Accident Claim?
- Frequently Asked Questions
- More Information
Who Can Make Fatal Accident Claims?
Fatal accident claims refer to the legal process of seeking compensation after a person dies from injuries caused by a third party’s negligent actions. The deceased person’s estate or certain eligible relatives can bring forward a fatal injury claim.
Law Reform (Miscellaneous Provisions) Act 1934
The Law Reform (Miscellaneous Provisions) Act 1934 gives the estate of the deceased the right to seek compensation for:
- The physical pain and mental suffering experienced by the deceased in the fatal accident and up to the time of their death (covered by general damages).
- Any financial losses the deceased experienced during this time, such as lost income and medical expenses (claimable under special damages).
Even in cases of sudden death, general and special damages may still be claimed. The estate can also seek compensation on behalf of qualifying relatives. We should note that the estate is the only party eligible to claim for the first 6 months following the death.
Fatal Accident Act 1976
Certain relatives can claim for the effect the death had on them if the estate did not claim on their behalf under the Fatal Accident Act 1976. The relatives are referred to as ‘dependants’ and include:
- Current or former spouses or civil partners.
- Someone who resided with the deceased as if they were married for at least 2 years prior to their passing.
- Parents, or a person the deceased treated as a parent (such as a stepparent).
- Children, as well as stepchildren (including those from previous relationships).
- Siblings, aunts, uncles, and cousins.
Speak to one of our advisors about the eligibility to bring forward a compensation claim for a fatal accident.
What Types Of Fatal Accidents Can Be Claimed For?
Many types of fatal accidents can be claimed for, including those that occurred on the roads, at work, or whilst out and about in public places. The key eligibility to claim compensation is that you must be able to prove that your loved one was:
- Owed a duty of care (this is a legal obligation that places a responsibility on a liable third party to take reasonable action to protect the safety of others).
- Suffered injuries that proved fatal because a liable party breached this duty of care.
Road Traffic Accidents
Anyone using the roads can lose their lives due to someone else’s negligent actions, including pedestrians, cyclists, motorbike riders, and motorists. However, while navigating the nation’s roads, it is everyone’s duty to use them safely to avoid the risk of injury and harm to themselves and others. To ensure compliance with this duty, road users must also make sure that they adhere to the Highway Code and Road Traffic Act 1988. Any failure to comply with this duty of care can result in a fatal road accident like the following:
- Pedestrians are at particular risk from other road users. For instance, a pedestrian using a zebra crossing is hit by a speeding driver who fails to stop, leaving them with fatal injuries.
- Vehicle drivers can also suffer fatal injuries, particularly from collisions that occur because a motorist is distracted, speeding, or driving while under the influence.
Accidents At Work
Employers must take reasonable steps to ensure the safety of their workforce. This duty is set out in the Health and Safety at Work etc. Act 1974, and might be fulfilled by making risk assessments and reducing or removing any identified hazards. Failure to do so could result in workplace accidents, including fatal ones:
- Scaffolding is improperly erected on a construction site. This goes unnoticed because safety checks were not carried out. As a result, an employee suffers fatal injuries and is left paralysed in a fall from a height.
- An untrained employee is required to operate a forklift. However, the lack of training causes them to soon lose control of the forklift, leading to another worker being trapped and fatally crushed between the lift truck and shelving.
Our dedicated accident at work claims guide provides more information on the process of pursuing compensation.
Accidents In A Public Place
Accidents in a public place can be prevented if the occupier (the party responsible for the premises) takes practical action to ensure visitors are reasonably safe. This requirement is established by the Occupiers’ Liability Act 1957, and a failure to comply with this duty can result in a public liability accident occurring:
- The manager of a shopping centre is aware that tiles are loose at the top of a staircase. However, they do not take the stairs out of use or post signs warning of the hazard. A visitor slips and falls down the stairs as a result of the store’s inaction.
- A large tree in a council-operated park is known to be at risk of imminent collapse. However, the council fails to take steps to resolve the issue within a reasonable timeframe. This leads to the tree falling, crushing a jogger and leaving them with catastrophic injuries from which they pass away.
An advisor can discuss the circumstances of your loved one’s death and advise on whether there are good grounds to seek compensation. Get in touch today.
How Much Compensation Can Be Paid Out For A Fatal Accident?
The compensation that can be paid out for a fatal accident depends on a claim’s particular circumstances, and settlements can be as much as £550,000 or over for cases involving the deceased’s pain and suffering, plus add-ons sought by the deceased’s estate. When the estate is making a claim, general and special damages can be awarded. General damages are compensation for the deceased’s pain and suffering, whereas special damages recover the financial impact of the injury, such as loss of earnings and medical costs.
We’ve provided a table below which looks at various guideline compensation brackets for physical and mental injuries. These are taken from a document titled the Judicial College Guidelines (JCG), which is often used by legal professionals to value compensation claims. Please note that the first entry was not taken from this document, and the table is intended solely as guidance.
| Injury/Severity | Details | Compensation Guideline |
|---|---|---|
| Fatality and Claim Add-ons | Claims can recover compensation for the deceased's pain and suffering, special damages and financial losses experienced by the dependants. | Up to or more than £550,000 |
| Paralysis; Tetraplegia/Quadriplegia | Awards can be impacted by ability to communicate and effect on senses. | £396,140 to £493,000 |
| Paralysis; Paraplegia | Pain, independence, depression and life expectancy will affect how much compensation is awarded. | £267,340 to £346,890 |
| Brain Damage; Very Severe | Severe cognitive and physical disabilities with significant effect on the senses and severe physical limitations. | £344,150 to £493,000 |
| Injuries Resulting in Death; Full Awareness | A short period of full awareness with fluctuating levels of consciousness with intrusive treatment. | £15,300 to £29,060 |
How Much Is The Bereavement Award?
The bereavement award, as set out by Section 1A of the Fatal Accidents Act, is a lump sum of £15,120. This can be claimed by certain eligible relatives of the deceased. However, if multiple relatives qualify, the amount will be divided among them.
If you have any questions about how compensation is awarded in fatal accident claims, our advisors are ready to provide you with all the answers you need.
What Can Fatal Accident Compensation Help Pay For?
Fatal accident compensation can help pay for funeral costs, household bills, and the loss of services the deceased provided, such as childcare.
Loss Of Consortium
Loss of consortium (also referred to as loss of a special person) is a type of compensation awarded for the impact of a loved one’s death that cannot be quantified elsewhere. For instance, it may consider the effects on family relationships and the loss of companionship.
Financial Dependency
This doesn’t mean being completely financially dependant on the deceased, but rather the extent to which a loved one contributed to the family’s finances. For example, this may apply if they paid the mortgage and contributed to other household bills and running costs.
Loss Of Services
Compensation can be awarded for services the deceased provided for the family, such as home maintenance or childcare. These costs must be quantified by a solicitor.
Funeral Expenses
Fatal accident claims can also recover reasonable expenses incurred in arranging a funeral.
For more information on fatal accident compensation, please speak to one of our advisors.
What Evidence Is Needed To Make A Fatal Accident Claim?
As part of the process for bringing a fatal accident compensation claim, you will need to supply evidence. This will need to prove that negligence occurred. In fatal accident claims, this can include:
- An inquest or post-mortem report.
- Coroner’s report.
- A copy of the deceased’s medical records.
- Copies of reports from any official body’s investigation, i.e. the Health and Safety Executive (HSE), the regulator responsible for monitoring workplace health and safety in Great Britain.
- An accident log book, if the fatal injuries occurred at work or in certain public places.
- Any police reports, if they attended the accident scene.
- Up-to-date contact information from anyone who saw what happened and is willing to provide witness statements to a solicitor.
Evidence will vary depending on the case. To discuss what items can be collected to support a fatal injury claim, speak to one of our advisors.
Fatal Accident Claims Time Limit
The time limit to bring forward a fatal accident claim is generally 3 years. This can run from the:
- Date of the accident.
- Day of death.
- Date your loved one’s death was connected to negligence, such as when an inquest concluded.
If the estate is making the claim, it has up to 6 months to pursue compensation, and may also do so on behalf of eligible relatives during this timeframe. As mentioned earlier in this guide, the estate is the only party that can claim during this period.
Please call an advisor to further discuss time limits for fatal accident claims.
How Can No Win No Fee Lawyers Direct Help A Fatal Accident Claim?
A solicitor from our panel at No Win No Fee Lawyers Direct can help you make a fatal accident claim by providing compassionate, expert support that prioritises you and your family’s needs throughout the process. That can involve:
- Ensuring that all eligible relatives are considered when the claim is filed.
- Making sure that the compensation is accurately valued.
- Advising on evidence and helping with collecting it.
- Ensuring that any official body that needs to be notified of the death is.
- Referring you to a specialist bereavement therapist.
Furthermore, these services (and many more) will be provided on a No Win No Fee basis. The specialist fatal accident solicitors on our panel provide their No Win No Fee service under a Conditional Fee Agreement (CFA). This means that your solicitor will:
- Not ask for upfront solicitors’ fees.
- Also won’t require that you pay ongoing solicitors’ fees.
- Not take a solicitors’ fee if the claim is unsuccessful.
If the claim is won, a success fee becomes payable. This will be deducted from the compensation by the solicitor as a percentage, limited by The Conditional Fee Agreements Order 2013.
Contact Us
An advisor can answer any further questions you have about fatal accident claims. Should you wish to pursue compensation, you can be connected to one of the solicitors from our panel. You can start the process anytime by:
- Calling 020 8050 4194
- Filling out our contact us form to get in touch
- Speaking with an advisor through live chat
Frequently Asked Questions
Below, we address some of the frequently asked questions about fatal accident claims.
Will My Family Need To Go To Court For Fatal Accident Compensation?
Generally, you and your family will not need to go to court to claim fatal accident compensation. Most cases settle out of court, but a claim may need to be heard in court if there are disputes over liability or compensation amounts.
How Long Will A Fatal Accident Claim Take To Settle?
How long it takes a fatal accident claim to settle depends on the individual circumstances of the case. For example, you may be waiting for an inquest, or the claim may enter negotiations with the defending party’s solicitor.
How Will Fatal Injury Compensation Be Valued?
Fatal injury compensation will be valued based on the dependant’s losses, such as the financial impact of losing services provided by the deceased, and whether the bereavement award is claimed.
Will Any Fees Be Deducted From Fatal Accident Compensation?
Yes, fees will be deducted from fatal accident compensation, such as your solicitor’s success fee.
Will A Fatal Injury Compensation Payment Be Taxable?
No, compensation payments typically aren’t taxable. However, if any interest is earned on the compensation, then this interest does become taxable.
Below, you will find answers to frequently asked questions about fatal accident claims.
Do I Have To Wait For The Coroner’s Inquest To Finish Before Starting A Claim?
No, you do not necessarily have to wait for the coroner’s inquest to finish before starting a claim if, for example, your loved one died in a road traffic accident. While inquests are separate from the legal process, our solicitors are experienced in fatal accident claims and can request an interim death certificate on your behalf.
Will A Solicitor Attend The Inquest With My Family?
A solicitor can attend the inquest with your family to represent your interests, but this will only be at your request as it is not a legal requirement. This said, having the support of a solicitor can be valuable when navigating the claims process.
What Happens If The Coroner’s Verdict Is Accidental Death?
If the coroner’s verdict is accidental death, this does not prevent you from seeking compensation following your loved one’s fatal accident. In this scenario, you would still need to gather evidence showing how a third party’s negligent actions caused the death.
Can I Claim If My Partner And I Were Not Married But Lived Together
Yes, you can claim if you were living with your partner without being married, provided that you had been living together for at least 2 years. This is because the Fatal Accidents Act 1976 classifies unmarried cohabitees as dependants, allowing them to seek compensation for how they are impacted by a death.
If you have any more questions about fatal accident claims, contact us today.
More Information
The following external links may be helpful:
- Guidance from the government on what to do when someone dies.
- Information on bereavement and loss from the NHS.
- HSE information on bereaved families following an accident at work.
If you need any further guidance on fatal accident claims, please contact an advisor.