The loss of a family member as a result of a fatal accident can be completely overwhelming. The grief and shock you may be experiencing make it difficult to think about the additional financial strain you and your family may now be under, especially if the victim was the main or only breadwinner within the family.

There are two main parts to a fatal accident claim, the victim’s claim and the dependents’ claim. There is also a separate statutory award for bereavement.

Victim’s claim

If the victim suffered from physical or emotional pain or distress prior to their death then any claim you make will include compensation for this. Compensation will also be awarded for the financial loss the victim suffered between the time of the injury and their death.

If the death occurred instantly then the victim claim will not form part of the compensation awarded because there will have been little or no suffering to the victim.

Dependents’ claims

If a family member has been dependant on the victim for financial support, they can make a claim for the loss of that ongoing financial support, provided that the accident was as a result of the wrong act or negligence of someone else.

We can advise you which family members can made a dependent’s claim.

Statutory award for bereavement

In addition to the victim’s claim and the dependents’ claim, there is an additional damages payment following a fatal accident – the statutory award for bereavement is a lump sum totalling £11,800.

In a successful fatal accident claim, this sum is payable by the negligent party to a bereaved person following the death of a partner, spouse or child under 18.

The statutory award for bereavement is payable even if no victim or dependent’s claim is possible.

Fatal accident claims are often marked by legal wrangles with insurers and complex coroner’s reports.  Our solicitors understand that care and attention is needed when dealing with family members who may be severely traumatised following the death of a loved one. As such we are here to guide you and your family through the process and will complete most of the paperwork on your behalf, whilst of course consulting with you at every stage.

To talk to us about a fatal accident claim in the strictest of confidence contact us at Osbornes solicitors.

Written by