Car Accident Claims
If you have sustained injuries in a car accident that was not your fault, it is important to understand that you have a legal right…
Read moreCompensation for fatal road accidents
If you have lost a loved one in a road accident caused by somebody else’s negligence, we can help you claim the compensation you rightfully deserve.
We are a claims management company regulated by the Financial Conduct Authority.
Losing a loved one in a road accident is devastating. We understand how difficult this experience can be and that there is nothing that can ease your pain and suffering. This tragic event can be all the more upsetting if it is due to another party’s negligence, such as an intoxicated driver or a speeding vehicle.
In such cases, you may be eligible to make a fatal road accident claim for compensation. While no amount of money can make up for losing a loved one, it can help you cope with the unexpected changing circumstances if you were financially dependent on the deceased.
Various family members can make a dependency claim, including spouses, children, parents and siblings. You may also be able to claim compensation for the services they used to provide, funeral expenses and any financial losses incurred between the date of the accident and when they passed away.
To find out if you can claim compensation following the death of a loved one in a road accident, call 0800 470 0474 today or use our contact form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
If you lost a loved one in a fatal road accident, you might be entitled to make a compensation claim under the Fatal Accidents Act 1976. The easiest way to find out if you can indeed take legal action is through a free consultation over the phone with a personal injury solicitor, who can check whether:
A duty of care can be established based on several legislations, such as the Road Traffic Act 1988 or the Highways Act 1980. Once this is verified, your solicitor will contact the defendant and help you gather the necessary evidence to ensure you receive the maximum amount of compensation available to you.
While every death on the road is a preventable and tragic event, around five people die every day in car accidents in the UK. According to the Department for Transport, 1,695 people were killed in 2023 in road accidents, a 5% decrease compared to the previous year. Such tragedies are emotionally devastating to the victim’s loved ones and can sometimes also lead to financial strain.
According to the Fatal Accidents Act 1976, if you classify as a dependent of the person who passed away, you could be eligible to make a claim for their wrongful death. The family members who have this legal right include:
Responsibility for a death in a road accident can lie with various parties, depending on the circumstances. These include:
Your solicitor will be able to determine who the defendant is in your fatal accident compensation claim based on evidence such as dash cam footage, police reports, and witness statements.
As stated above, anyone who classifies as a dependant of the deceased can claim compensation following the wrongful death of their loved one. A dependency claim generally includes two areas:
The loss of financial support. This area refers to economic contributions that would reasonably have been expected from the deceased, which could include the following:
The loss of services. These refer to non-financial contributions the deceased made to the family or dependents, such as:
The value of your financial dependency claim will be calculated using evidence such as payslips, tax returns, employment contracts, and expert reports estimating your loved one’s future earning capacity. Calculating the value of lost services is more complex and may involve referencing average local rates for services like childcare or caregiving.
Yes. It is possible to claim for certain funeral expenses, either under the Fatal Accidents Act 1976 or the Law Reform (Miscellaneous Provisions) Act 1934, but double recovery is not permitted. Dependents can claim all the reasonable expenditures incurred with the funeral, such as:
Under the Law Reform (Miscellaneous Provisions) Act 1934, you could also claim any expenses incurred between the accident and the death of your loved one, provided they did not pass away immediately. These include:
To learn more about your right to recover funeral expenses and financial losses caused by your loved one’s death, call 0800 470 0474 today or request a call back.
Under the Fatal Accidents Act, certain individuals who have lost a loved one due to someone else’s negligence are also entitled to bereavement damages. This is a type of compensation that is meant to acknowledge their wrongful death and the pain and suffering experienced by close family members.
As of 2020, the value of the bereavement award is a fixed sum of £15,120, which can be sought by:
If two parents claim the award, it will be equally split between them.
Losing a loved one in a hit-and-run accident is a devastating experience. Furthermore, if the driver at fault is unidentified or uninsured, you cannot make a typical claim for compensation. However, you may still have options for seeking justice and financial support, such as:
The Motor Insurer’s Bureau (MIB). The MIB is a non-profit organisation that compensates victims of accidents caused by uninsured or untraced drivers, including their dependents, in case of a wrongful death. It is funded from the motor insurance premiums paid by all motorists. The MIB can compensate you for funeral expenses, pain and suffering, as well as financial losses related to dependency.
The Criminal Injuries Compensation Claim (CICA). The CICA can offer compensation for the loss of a loved one in a hit-and-run if the incident is treated as an intentional criminal act. In this case, their spouse or partner, natural or adoptive parents and any children left behind can claim compensation for the following:
You can still make a CICA claim for wrongful death even if your loved one dies sometime after the accident and has already been compensated for their injuries.
You will need various types of evidence to make a claim for a fatal road accident. Examples include:
An expert fatal accident solicitor will help you gather everything you need to support your claim and ensure you receive the compensation owed to you by the defendant.
Under the Limitation Act 1980, you have three years to make a personal injury claim, including for a fatal road accident. This time limit will begin on the date of the accident or the date of death if your loved one did not pass away immediately.
While three years is plenty of time, we advise you to get started with the claims process as early as possible. That will ensure the availability of evidence and help your solicitor complete all the necessary work required to file the claim within the deadline.
A few exceptions may apply to your case:
As with any other claim, there is no set amount of compensation awarded for a fatal road accident, except for the bereavement award, which is a fixed sum of £15,120. As stated above, besides bereavement damages, you can also claim:
These costs are calculated based on receipts and invoices for funeral arrangements, such as burial or cremation. It is essential to remember that you can only claim reasonable expenses and not expenditures such as funeral clothes or luxury catering services.
Under this category, you can claim losses such as private treatments, rehabilitation, medical aids and loss of earnings. Like in any other personal injury claim for special damages, these will be calculated based on medical bills, receipts, payslips and other financial documents.
The compensation awarded to reflect the pain and suffering experienced by your loved one before their death will be calculated based on the guidelines from the Judicial College. For example, you could receive:
This part of the compensation aims to aid the dependents of the deceased in keeping a similar standard of living they would have enjoyed had their loved one lived. The first step in calculating a fair award is quantifying the income of the deceased, including salaries, bonuses, investments and so on.
From this sum, your solicitor will deduct a percentage they would have reasonably spent on themselves, such as 30%. The resulting figure is known as the multiplicand, which will then be multiplied by the number of years you would have been financially dependent on them.
Your solicitor will also calculate an award for the non-financial support provided by your loved one that you must cover financially from now on, such as childcare or DIY, based on the local rates for these services.
Your final compensation award will be calculated by adding up all these parts of the fatal accident claim and could be significant.
If you have a valid claim for a fatal road traffic accident, the solicitors we partner with will be happy to offer you a 100% no win no fee service. Also known as a conditional fee agreement, this contract between you and your legal representative means that:
The no win no fee service keeps you safe from financial risks if you want to pursue compensation for the loss of a loved one. Furthermore, After the Event (ATE) insurance is also available to keep you safe from litigation costs such as court fees, specialist reports and the defendant’s solicitors if you lose the claim.
To find out if you are able to claim compensation for the loss of a loved one in a road accident, call free on 0800 470 0474 for a case assessment or enter your details here to request a call back.