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.

Dependency claims by family members Bereavement award Estate claims for the deceased's own losses No win, no fee

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.

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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.

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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.

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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.

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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.

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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.

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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.

How It Works

A fatal accident claim is handled with sensitivity — and pursued until the family recovers what they have lost, financially and legally.

A solicitor will gather the evidence, represent the family at any inquest, and pursue the full value of the dependency claim — at no up-front cost and on a timeline that respects what the family is going through.

Submit Your Request
1

Tell us what happened

Describe how the death occurred, when, and who was responsible — and your relationship to the person who died.

2

Solicitor assesses the claim

A fatal accident specialist identifies all eligible dependants, the liability position, and the full value of the claim — including dependency and the estate's losses.

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No win, no fee consultation

You receive specialist advice at no cost — and proceed at a pace that suits the family's situation.

No Win, No Fee

The person who died cannot be replaced — but the financial support they would have provided can be recovered through the law.

Get specialist fatal accident claim advice — and pursue the compensation that recognises what your family has lost.

Get Fatal Accident Advice

Common Questions

Fatal accident claims — what people ask us.

We are waiting for an inquest. Does that delay the civil claim?

Not necessarily — the civil claim can be pursued in parallel with or after the inquest. Many families prefer to wait until the inquest is complete before engaging with the civil claim — both because the inquest findings are relevant to liability, and because of the emotional toll of managing both processes simultaneously. A solicitor will protect the limitation period for the civil claim while the inquest proceeds and time it appropriately. Legal aid may be available for inquest representation and a solicitor will confirm eligibility.

My partner and I were not married. Can I claim for their death?

Yes — provided you were living with the deceased as husband and wife (or civil partners) in the same household immediately before the death and had been doing so for at least 2 years. You are an eligible dependant under the Fatal Accidents Act 1976. You are not, however, eligible for the statutory bereavement award — that is available only to spouses and the parents of minors. But your dependency claim — for the financial support the deceased would have provided — is the more significant element and is fully available to you. A solicitor will confirm eligibility and value the dependency claim.

The deceased contributed to the accident. Does that affect the claim?

It may reduce the award — contributory negligence on the part of the deceased reduces the claim by the proportion of fault attributed to them, in the same way as in a personal injury claim. But where the defendant was partly responsible for the death, the claim still succeeds at the reduced level. A solicitor will assess the liability and contributory negligence arguments and advise on the realistic apportionment — and challenge any overstatement of the deceased's fault.

How long does a fatal accident claim take?

The timeline depends on whether liability is admitted and the complexity of the dependency calculation. Where liability is admitted promptly and the dependency is straightforward, a claim may settle within 12–18 months. Where liability is disputed, or the claim involves complex expert evidence about future earnings and care, the process takes longer. A solicitor will assess the timeline at the outset and manage the claim efficiently — ensuring the evidence is gathered and the claim moves forward without unnecessary delay.

Is the compensation taxable?

Compensation received in personal injury and fatal accident claims is not subject to income tax or capital gains tax in the UK. Interest on damages is subject to income tax. Where a Periodical Payment Order is made, each payment is tax-free. A solicitor will advise on the tax treatment of the settlement and, for very large awards, recommend a financial adviser experienced in personal injury trust structures — which protect the compensation from means-testing for benefits and ensure it is managed in the claimant's best interests.

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