Fatal Accident Claims: What Families Can Claim After a Death Caused by Someone Else
A fatal accident claim is the claim a family can bring when someone dies because of another person's negligence, on the road, at work or anywhere else; in England and Wales it is made under the Fatal Accidents Act 1976 and covers the financial support the family has lost, funeral costs and a fixed bereavement award for the closest relatives, it must normally start within three years of the death, and National Accident Support Line can explain where the family stands and refer the claim to a specialist solicitor, with a callback within 2 minutes.
Nobody looks this up at a good time. If you're reading this in the days or weeks after a death, there is no rush. The time limit is three years, and the inquest and any police or HSE investigation usually have to run their course before a claim is valued. This page sets out what a claim is, who can bring it and what happens in the meantime, so that when you're ready to talk to someone, you know what to ask.
We'll call you back within 2 minutes, and there's no pressure to decide anything on the call.
Who can claim after a fatal accident
Two claims usually run side by side. The first is the claim the person who died would have had for their own injuries and losses up to their death, which passes to their estate. The second is the family's own claim under the Fatal Accidents Act, for what the death has cost them.
The claim is brought by the executor named in the will, or by the administrator if there is no will. If nobody has brought it within six months of the death, any dependant can.
| Who | What they can claim |
|---|---|
| Husband, wife or civil partner | Loss of financial support and the help the person gave at home, and the bereavement award |
| A partner who lived with them as a couple for at least two years before the death | Loss of financial support and help at home, and the bereavement award |
| A former husband, wife or civil partner who was being supported | Loss of the financial support they were receiving |
| Children, including stepchildren and children treated as part of the family | Loss of financial support, and of the care and services a parent gave |
| The parents of a child under 18 who had never married (the mother, where the parents weren't married to each other) | The bereavement award, and any financial loss |
| Parents, grandparents, brothers, sisters, aunts, uncles and their children who depended on the person | Loss of the support they actually received |
| The estate | Funeral costs, and the person's own suffering and losses between the accident and their death |
The bereavement award is a fixed sum set by law, the same whatever the circumstances, and shared where more than one person qualifies. It doesn't try to put a value on the person. Nothing could.
What a fatal accident claim covers
Loss of financial support: the income the person would have brought into the household over the years ahead. Loss of services: the childcare, the cooking, the lifts, the jobs around the house and the help with an elderly parent, all of which cost money to replace. Funeral expenses. The bereavement award for the closest family. And, through the estate, the person's own pain and losses between the accident and their death.
Money the family receives because of the death, such as a life insurance payout, a pension or an inheritance, is ignored when the family's claim is worked out. It doesn't reduce the claim.
In Scotland the law is different. Under the Damages (Scotland) Act 2011 relatives can claim for loss of support and funeral costs, and the immediate family can claim for their grief and the loss of the person's company; a cohabiting partner doesn't need to have lived with the person for any minimum period.
We'll call you back within 2 minutes, and there's no pressure to decide anything on the call.
What happens in the weeks after a death
The coroner and the inquest
Sudden, violent or unexplained deaths are reported to the coroner, who may order a post-mortem and hold an inquest to establish who died and how, when and where. Families can ask for an interim death certificate so they can deal with the bank and the estate while they wait. At the inquest, close family are interested persons: they can see the evidence beforehand and ask witnesses questions. The coroner doesn't decide who was to blame in law; that is for the civil claim. The Coroners' Courts Support Service offers free support on 0300 111 2141.
Police and HSE investigations
Road deaths are investigated by the police, and families are usually given a family liaison officer as their point of contact. Deaths at work are investigated jointly by the police and the Health and Safety Executive. The coroner may pause the inquest until those investigations finish, which can take many months and sometimes years. Advice on the claim doesn't have to wait for every stage, and the evidence these investigations gather often becomes central to it.
Money in the meantime
Pensions and life policies can be slow to pay while a death is still being investigated, and funeral bills don't wait. Funeral costs are recoverable in the claim, and once the other side has accepted responsibility a solicitor can ask for an interim payment towards them and the household's immediate needs.
The situations families describe to us
"We weren't married, but we'd been together twelve years"
A partner who lived with the person as a couple for at least two years before the death can claim for loss of support and the bereavement award, in the same way as a husband or wife. In Scotland there is no two-year minimum.
"Mum has gone, and we're all grown up. Does any of this apply to us?"
Adult children who no longer depended on a parent financially may have a small claim for loss of support, or none. The estate's claim can still run, and help a parent gave regularly, such as childcare for grandchildren, can count. It depends on the family's circumstances, which is what a first conversation is for.
"Dad died after a fall at work. The company says it's under investigation"
That is normal, and it doesn't stop the family getting advice now. The HSE and police investigation and the inquest will produce evidence, and a solicitor can help the family prepare the questions they want answered at the inquest.
"The driver hasn't been charged with anything"
A civil claim doesn't depend on a criminal charge or conviction. It is decided on whether the driver was negligent, to the civil standard, and it is made against the driver's insurer.
How National Accident Support Line helps a family
Get in touch when you're ready, by the form, WhatsApp or a call to 0333 212 2730; web enquiries are called back within 2 minutes during opening hours, and whoever is dealing with things can make the call. We listen, ask what happened and who the family are, and explain who can claim. If there is a claim, we refer it to a specialist solicitor experienced in fatal accident cases, who runs it on a no win no fee basis; how no win no fee works is explained on its own page. Where a vehicle was involved and the accident wasn't the driver's fault, NASL can also take the vehicle side off the family's hands, from recovery and storage to the claim for the car against the other insurer. NASL is an FCA-regulated claims management company, not a law firm. Serious injuries on the road are covered on the claims after a serious road accident page, deaths and injuries at work in the work accident claims guide, and every other kind of claim on the injury claims we refer page.
Frequently asked questions
Who can make a fatal accident claim?
The executor or administrator of the estate brings it, for the estate and for the dependants. If they haven't within six months of the death, any dependant can. Dependants include a husband, wife, civil partner or partner of two years or more, children, parents and other relatives who were supported by the person.
How long do we have to make a fatal accident claim?
Three years from the date of death, or from when the family first knew it was caused by someone's negligence, if that is later. The time limit in Scotland is also three years.
Can funeral expenses be included in a fatal accident claim?
Yes. Reasonable funeral expenses are part of the claim and are paid back to whoever met them.
What is the bereavement award?
A fixed sum set by law, paid to the husband, wife or civil partner, a partner of two years or more, or the parents of a child under 18 who had never married. It is the same in every case and is shared where more than one person qualifies.
Do we have to wait for the inquest?
No. You can get advice at any time. A solicitor will often wait for the inquest's findings before valuing the claim, but nothing stops the family talking to someone first.
Will the family have to go to court?
Most fatal accident claims settle without a trial. The inquest is a separate hearing in the coroner's court, and it doesn't decide the claim.
What does no win no fee mean?
Nothing to pay upfront and nothing to the solicitor if the claim fails. If it succeeds, the solicitor's success fee, capped at 25% of the compensation for the injury and past losses, comes out of the award, along with any insurance premium; the total is set out in writing before anything is signed.
We'll call you back within 2 minutes, and there's no pressure to decide anything on the call.
National Accident Support Line Ltd is regulated by the Financial Conduct Authority in respect of regulated claims management activities, registration number 829991.