The Two Claims That Arise on Death
What Can Be Claimed
- Statutory bereavement award — a fixed sum payable to the surviving spouse, civil partner, or (for a child under 18 who dies) the parents. Currently £15,120 (2020 figures — index-linked).
- Dependency — financial — the lost financial contributions of the deceased to the family. Calculated by reference to the deceased's net income minus their personal expenditure on themselves (their "self-absorbed" portion). Typically assessed as a multiplier (years the dependency would have continued, actuarially adjusted) × multiplicand (annual dependency value).
- Dependency — services — the value of services the deceased provided to the household: childcare, cooking, cleaning, DIY, garden maintenance, and other domestic contributions. The commercial cost of replacing these services is claimed.
- Loss of consortium / society — claimed separately from financial dependency; this element reflects the loss of the love, care, and companionship provided by the deceased to their spouse/civil partner and children.
- Funeral expenses — reasonable funeral and burial expenses are recoverable from the estate or the defendant. Costs for a memorial, gravestone, and wake (within reason) are included.
- Pre-death losses — PSLA, lost earnings, and care costs incurred between the negligent act and the date of death (for the estate claim under the 1934 Act).
Frequently Asked Questions
Who can bring a fatal accident claim?
The Fatal Accidents Act 1976 lists the persons who can bring a dependency claim: the deceased's spouse or civil partner; a former spouse or former civil partner (who has not remarried or formed a new civil partnership); a person who was living with the deceased as spouse for at least 2 years immediately before the death; any parent (or person treated as a parent) of the deceased; any child (including adult children, stepchildren, and children of the family); and any person who was being wholly or partly maintained by the deceased immediately before the death. Financial dependants who do not appear on this list may still qualify.
Can an unmarried partner claim?
Yes — provided the partner was living with the deceased as husband or wife (or as civil partners) throughout the period of 2 years ending with the date of death, and the couple shared the same household. The 2-year cohabitation requirement is strictly applied: gaps in cohabitation (periods spent apart) can defeat the claim. Where the couple had been together for many years but the 2-year condition is in question, a solicitor analyses the evidence of cohabitation carefully and advises on the risk.
Can children claim even if they were financially independent?
Children (including adult children) are listed dependants under the Fatal Accidents Act 1976. However, to recover a substantial dependency award they must show actual financial dependency on the deceased — adult children who were financially self-sufficient may have modest claims compared to young children who depended on a parent's income for their upbringing. However, even adult children may claim for the loss of services (parental support, domestic help, etc.) the deceased provided to them.
What is the multiplier/multiplicand method?
The dependency claim is valued using a "multiplier × multiplicand" approach. The multiplicand is the annual value of the dependency (the deceased's net income minus their personal expenditure on themselves — typically two-thirds of net income for a couple with children). The multiplier is derived from the Ogden Actuarial Tables and reflects the likely number of years the dependency would have continued, discounted for early receipt and mortality risk. A specialist solicitor and actuary calculate the multiplier and multiplicand for each dependant separately, as their dependency periods differ.
Will there be an inquest, and does that affect the civil claim?
Where a death is sudden or the cause is unclear, the Coroner will investigate and may hold an inquest. A solicitor can instruct a barrister to represent the family at the inquest to ask questions of witnesses and ensure the evidence is fully explored. An inquest conclusion of "unlawful killing" or "neglect" does not guarantee success in a civil claim, but the evidence gathered at the inquest — including expert reports and witness testimony — is highly valuable in the subsequent civil proceedings for compensation. A solicitor attends the inquest alongside the family.