Fatal Accident Solicitors
When someone dies because of another's negligence, their dependants and family are entitled to compensation. Taking legal action honours what was lost — and provides the financial support that the person who died would have provided.
Fatal accident claims are brought under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934 — the first for the dependants' own losses, the second on behalf of the deceased's estate. The claim covers financial dependency, bereavement, funeral costs, and the loss of services and care the deceased provided. A specialist solicitor manages the claim with sensitivity — and ensures it reflects the full value of what the family has lost.
What a Fatal Accident Claim Covers
Fatal accident claims — who can claim, what they can recover, and how the process works.
A fatal accident claim has two distinct parts: the estate's claim for the deceased's own losses before death, and the dependants' claim for what they have lost as a result of the death. A solicitor will ensure both are fully valued and claimed.
Who can bring a fatal accident claim
Under the Fatal Accidents Act 1976, the following persons can claim as dependants: the spouse or civil partner; a former spouse or civil partner; a person living with the deceased as husband and wife for at least 2 years before the death; the deceased's children and other descendants; the deceased's parents and other ancestors; and any person treated by the deceased as a child of the family. The personal representative of the deceased's estate brings the estate claim. A solicitor will identify all eligible dependants and ensure every eligible claim is brought.
Dependency — the financial loss
The principal element of a fatal accident claim is financial dependency — the income and support the deceased would have provided to the dependants over their working life. This is calculated as the deceased's net earnings after deducting an amount for their own living expenses (the "living expenses deduction"), multiplied by an appropriate multiplier from the Ogden Tables based on the dependant's age. Lost services — childcare, DIY, gardening — are separately recoverable. A solicitor will instruct a forensic accountant to model the dependency and ensure it is correctly presented.
The bereavement award
The Fatal Accidents Act 1976 provides a fixed statutory bereavement award — currently £15,120 — to specific eligible claimants: the spouse or civil partner of the deceased, or the parents of an unmarried minor. The bereavement award is fixed by statute and does not increase with the severity of the loss. Cohabiting partners, children over 18, and other relatives are not eligible for the bereavement award, but may have dependency and services claims. A solicitor will confirm which family members are eligible and advise on the total claim position.
The estate's claim for pre-death losses
The Law Reform (Miscellaneous Provisions) Act 1934 allows the estate to recover the losses suffered by the deceased from the time of the accident to the time of death — including pain and suffering, lost earnings during the survival period, and funeral expenses. Where death was not immediate — and the deceased lived for hours, days, or weeks after the accident — the pre-death losses can be significant. A solicitor will value the estate's claim separately and ensure it is included in the overall proceedings.
Inquest and coroner process
Where a death has been reported to the coroner, an inquest may be held to establish the cause and circumstances of death. Inquests can take 12–18 months or more. The findings at an inquest are relevant to the civil claim — a jury conclusion of unlawful killing or accidental death caused by another's acts can support the negligence claim. A solicitor will represent the family at the inquest, question witnesses, and ensure the proceedings are conducted fully. Legal aid is available for inquests in certain circumstances.
Sensitivity and pace
A fatal accident claim is pursued at a pace that respects the family's situation — there is no obligation to start proceedings immediately, and most families need time before engaging with the litigation process. At the same time, the 3-year limitation period runs from the date of death, and evidence must be preserved before it is lost. A solicitor will make contact, gather and preserve the evidence, and proceed at whatever pace suits the family — while ensuring the claim is protected within the limitation period.