Compensation 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.

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fatal road accident claims

Fatal Road Accident Claims

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.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

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    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.

    Am I eligible to make a fatal road accident claim?

    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:

    • The defendant owed a legal duty of care to your loved one;
    • They were negligent in some way and caused a road traffic accident;
    • Your loved one suffered a wrongful death due to their negligence.

    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.

    Who can make a claim following a fatal road accident?

    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:

    • Spouses and civil partners
    • A former husband or wife
    • A partner who lived with them for at least two years
    • Biological, adopted or stepchildren of the deceased.
    • Biological parents, adoptive parents, or other relatives in a parental role
    • Grandparents and grandchildren
    • Brothers, sisters, uncles, aunts, cousins, or other relatives if financially dependent on the deceased

    Who could be held responsible for a fatal accident on the road?

    Responsibility for a death in a road accident can lie with various parties, depending on the circumstances. These include:

    • A driver, if they caused the accident through negligence such as speeding, driving under the influence, aggressive driving or failure to obey traffic signs;
    • An employer, if the deceased was operating a vehicle as part of their job and adequate safety measures were not in place;
    • A manufacturer, if a vehicle defect, such as faulty brakes, airbags or steering, contributed to the accident;
    • The local council or highway authority if the accident was caused by poor road conditions such as potholes or inadequate signage;
    • A third-party maintenance provider, such as a mechanic or auto shop, if they offered a substandard service that caused the accident;
    • A cyclist or pedestrian could also be liable if their actions caused the accident. Examples include crossing without looking or failing to obey traffic laws.

    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.

    What is a dependency claim under the Fatal Accidents Act 1976?

    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:

    • Regular income, such as salary, wages, pensions, rental income or business profits;
    • Additional financial incentives from work, such as bonuses, overtime, commissions or healthcare benefits;
    • The potential future earnings they would have contributed over their life, such as promotions and investments.

    The loss of services. These refer to non-financial contributions the deceased made to the family or dependents, such as:

    • Looking after children
    • Cooking
    • Housekeeping activities like cleaning and laundry
    • Home maintenance, such as DIY repairs and gardening
    • Providing care for elderly or disabled family members

    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.

    Can I claim funeral expenses and financial losses?

    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:

    • The cost of a memorial or headstone
    • Transporting the deceased to the funeral home or grave
    • The cost of embalming the body or cremation fees
    • The cost of the wake and probate
    • Wreaths and flowers

    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:

    • Wages or earnings lost from the time of injury until death
    • Medical expenses for private treatment, hospital stay or rehabilitation
    • Costs of repairing or replacing property damaged in the incident
    • Adaptations to your home to accommodate their needs
    • The cost of caring for them before their death
    • Medical aids and equipment

    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.

    Who is entitled to bereavement damages?

    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:

    • The spouse or civil partner of the deceased;
    • A partner who lived with them for at least two years prior to their passing away;
    • The parents of a deceased child under 18, if legitimate;
    • The mother of a child under 18, if illegitimate.

    If two parents claim the award, it will be equally split between them.

    What if I lost a loved one due to a hit-and-run?

    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:

    • Reasonable funeral expenses
    • Bereavement damages
    • Financial and physical dependency

    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.

    What evidence is needed to support a claim for a fatal car accident?

    You will need various types of evidence to make a claim for a fatal road accident. Examples include:

    • Photographs, dash cam footage or video evidence of the incident scene and any contributing factors, such as unsafe road conditions;
    • Witness statements detailing how the accident occurred;
    • Medical reports detailing your loved one’s injuries and any attempts to save their life;
    • A coroner’s report and death certificate specifying the cause of death;
    • A police report with an official account of the accident circumstances;
    • Details of any other vehicles involved in the accident, such as their license plate, model and vehicle colour;
    • Expert testimony from specialists who can clarify how the events occurred or the financial impact of the wrongful death on the dependants;
    • You also need financial documents to prove all the losses incurred as a result, such as funeral expenses, care costs prior to your loved one’s death and proof of lost income.

    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.

    What is the time limit to claim compensation for a fatal road accident?

    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:

    • If a child has lost a loved one, the three-year limitation date does not begin until their 18th birthday. Before this, a suitable adult could claim on their behalf at any time.
    • If the claimant lacks their mental capacity, there is no time limit for a litigation friend to make a dependency claim on their behalf.
    • If you lost a loved one due to a hit-and-run classified as a criminal act, you have two years to claim compensation through the CICA.
    • If a road traffic accident happens abroad, the time limit to claim can differ from country to country and may be shorter than three years.

    How much compensation for a wrongful death caused by a road traffic accident?

    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:

    Funeral expenses

    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.

    Financial losses incurred by your loved one between the accident and their death

    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.

    Their pain and suffering during this period

    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:

    • £3,760 to £4,390 if they slipped into a coma immediately after the accident and passed within six weeks;
    • £4,670 for the mental distress caused by the thought of impending death;
    • £9,870 to £10,010 for severe burns or lung damage causing unconsciousness within three hours and death within two weeks;
    • £12,540 to £23,810 if they are fully aware following severe burns and pass away within three months.

    The loss of financial support and services provided by your loved one

    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.

    Can fatal accident claims be made using a No Win No Fee service?

    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:

    • You do not have to pay them a single penny at the beginning of legal proceedings;
    • You can be sure that you have a fair chance of success as your solicitor would not have risked working under a no win no fee arrangement otherwise;
    • You will agree upon a success fee they will get if they win your case from the beginning. This fee is capped at 25% of your compensation amount;
    • If you lose the fatal injury claim, you do not have to pay your solicitor a single penny.

    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.