Fatal Accident Claims

A Fatal Accident involving a loved one is an emotional time for anyone to deal with, the financial worries is often the second priority, and even more worrying when the death of the loved one is the bread winner of the family.

Claims awarded under the Fatal Accident Act has no element of punishment on the Defendant nor is the award reflective of any hurt towards the grieving family, however the damages awarded will assist and place the family back to its financial position had the death not occurred.

The "estate" of the deceased are those persons (who are usually close family members) who would be entitled to the deceased's assets on death.

Under Section 1(3) of the Fatal Accidents Act 1976, the Act specifies exhaustively the people or categories of people who can bring a claim for dependency damages:

  • (a) the wife or husband or former wife or husband of the deceased;
  • (b) any person who-

(i) was living with the deceased in the same household immediately before the date of the death; and

(ii) had been living with the deceased in the same household for at least two years before that date; and

(iii) was living during the whole of that period as the husband or wife of the deceased

  • (c) any parent or other ascendant of the deceased;
  • (d) any person who was treated by the deceased as his parent;
  • (e) any child or other descendant of the deceased;
  • (f) any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;
  • (g) any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased

Under the provisions of the 1976 Act, compensation can be awarded for the loss of the deceased's support, which can include that persons loss of earnings, child care, domestic assistance, DIY.

As well as the above dependency claim, a statutory bereavement sum is payable to the spouse of the deceased or parents of the deceased minor in the sum of £11,800.00.

A fatal accident claim in which compensation maybe awarded can occur in Road Traffic Accidents, motor cycle accidents and work place accidents.