Accidents can lead to various types of personal injuries. Unfortunately, in some instances, they can result in fatalities. Fatal accidents can occur on the road,…
What is a bereavement award?
Find out what a bereavement award is, who can claim bereavement damages after a fatal accident, and how much compensation may be available.
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What is a bereavement award and who can claim it?
Losing a loved one unexpectedly can have a devastating emotional and financial impact on the entire family. If you lost a loved one due to someone else’s negligence, you may be entitled to claim compensation for funeral expenses and loss of financial support, as well as bereavement damages.
While no amount of compensation can ever make up for the loss of your loved one, the bereavement award is meant to acknowledge the wrongful death and the emotional impact on your life.
This guide will explain who is entitled to a bereavement award, how much can be claimed, how to make a compensation claim and what other damages may be available to close family members.
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Table of Contents
What is a bereavement award?
A bereavement award, also known as bereavement damages, is a fixed statutory payment that may be available in England and Wales under the Fatal Accidents Act 1976. It can be claimed by certain family members following a wrongful death caused by negligence, such as a road traffic accident, workplace accident or medical negligence.
The award is designed to recognise the emotional impact of losing a close family member, and unlike other forms of compensation, it is:
- A statutory fixed sum
- Paid in addition to other fatal accident damages
- Only available to a very limited group of family members
- Not affected by the individual circumstances
The award is intended to acknowledge the grief caused by the wrongful death of a close family member rather than to account for the full emotional or financial impact of the loss.
How much is the statutory bereavement award?
Following the Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020, which came into force in May 2020, the bereavement award was increased from £12,980 to £15,120.
This means that, if you lost a loved one on or after 1st May 2020, you can claim bereavement damages of £15,120 in England and Wales. For fatal accidents that occurred before this date, the award remains at £12,980.
- In Northern Ireland, damages for bereavement are £19,700 for causes of action that accrued on or after 1st December 2025, and £17,200 before that.
- In Scotland, there is no fixed statutory award. Instead, an award called loss of society is assessed on a case-by-case basis and is available to a wider range of claimants.
Who can make a fatal accident claim?
A fatal accident claim is a specific type of personal injury claim that allows the dependants or family members of someone who has died to claim compensation if the death was caused by someone else’s negligence or wrongful act.
Under the Fatal Accidents Act 1976, the claim is usually brought by the executor or administrator of the estate. The following people may be able to claim as dependants if they suffered a financial dependency or loss of services:
- Current and former spouses and civil partners
- Partners who lived with the deceased for at least two years before their death
- Children or anyone treated as a child by the deceased
- Parents, stepparents, grandparents or other ascendants
- Siblings, aunts and uncles in some circumstances
A claim may include both a bereavement award and loss of financial or practical support.
Who can claim a bereavement award?
Under current law in England and Wales, a bereavement award is only available to a limited number of individuals who have lost a loved one, including:
- Spouses and civil partners of the deceased
- Partners who lived with the deceased in the same household for at least two years immediately before their death
- Both parents of a child under 18 if the child was born to parents who were married to each other
- Only the mother, if the child was born to parents who were not married to each other
Furthermore, if more than one person is entitled to bereavement damages for the loss of a loved one, the £15,120 award must be equally divided between them.
Who is not eligible for a bereavement award?
Unfortunately, there are still many family members who are unable to claim bereavement damages under the Fatal Accidents Act 1976, including:
- Children who have lost a parent
- Parents who have lost a child aged 18 or older
- Fathers of children under 18 if they were not married to the child’s mother
- Partners who did not cohabit for 2 years or longer
- The extended family, including grandparents and siblings
These limitations are widely criticised, and the Association of Personal Injury Lawyers (APIL) continues to push for reform in this area to better support bereaved families.
How do I claim bereavement damages?
Bereavement damages are usually claimed as part of a fatal accident claim under the Fatal Accidents Act 1976. The process involves the following steps:
- A free initial consultation with a specialist solicitor
- Establishing eligibility and that the death was caused by negligence
- Gathering supporting evidence, such as the official death certificate, accident reports and witness statements
- Submitting the claim against the responsible party
- Negotiating a settlement that includes any other damages you might be entitled to
- Receiving your compensation or proceeding to court if the claim is defended
A specialist solicitor can handle the case on your behalf and ensure all your losses are included in your claim.
What other damages can be claimed after a fatal accident?
Bereavement damages can only be claimed by a limited number of people. However, a fatal accident claim may include several other types of compensation that dependants may be eligible for, including:
- A dependency claim – for the loss of financial support and services expected from the deceased, such as loss of income, lost pensions, childcare and property maintenance.
- Funeral expenses – you may be able to claim reasonable costs related to your loved one’s burial or cremation, such as wreaths, a memorial or the headstone.
- Financial losses – under the Law Reform (Miscellaneous Provisions) Act 1934, the estate may also claim losses incurred between the accident and the date of death, such as medical expenses, care costs, or property damage.
These damages often make up the largest part of a fatal accident compensation claim.
What criticisms have been made of bereavement damages?
Bereavement damages have been widely criticised for being too low and limited in scope. The most common criticisms of the bereavement award include:
- It is a fixed amount that fails to reflect the true emotional impact of losing a loved one
- The fixed amount is too low and arbitrary, particularly in England and Wales
- Eligibility is restricted to an extremely narrow list of relatives
- The award system is outdated and not reflective of modern family structures
- The payment is the same regardless of circumstances or the severity of negligence
As a result, many legal advocates argue that reform is needed to make the system more inclusive and fair.
How long do I have to claim bereavement damages?
Under the Limitation Act 1980, you typically have 3 years to make a fatal injury claim, including bereavement damages. This period usually starts from:
- The date of death
- The date you knew, or should reasonably have known, that the death may have been caused by negligence
There are, however, a few exceptions that could apply to your case. For example:
- If a child is entitled to bring a claim, the 3 years only begin on their 18th birthday.
- Different time limits may apply if the death occurred at sea, in the air, or as a result of a criminal injury.
- If the claimant lacks mental capacity, the limitation period may be suspended.
It is usually best to begin the claims process as early as possible so that evidence can be preserved and witnesses can be easier to contact.
To find out if you are eligible to claim a bereavement award or other damages following the loss of a loved one, call 0800 470 0474 today for a free case assessment or request a call back.
