Fatal accident compensation claims
Last updated · By Mustafa Bilgic
The claims that arise after a fatal accident
Few claims are more difficult than those following a death, and no amount of money undoes the loss. But where a death was caused by negligence — a road crash, a workplace accident, clinical negligence — the law provides for the family in several distinct ways. In England & Wales these come from two statutes working together: the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934.
| Claim | What it covers | Who brings it |
|---|---|---|
| Bereavement award | Fixed statutory sum (£15,120) | Spouse/civil partner; parents of a minor |
| Funeral expenses | Reasonable funeral costs | Those who paid / the estate |
| Estate claim (1934 Act) | Deceased's pain & losses to death | The estate |
| Dependency claim | Lost financial & services support | Financial dependants |
The bereavement award
This is a fixed statutory sum for grief, currently £15,120 in England & Wales for deaths on or after 1 May 2020. It is deliberately narrow: it can be claimed by a spouse or civil partner, by a cohabiting partner of at least two years, or by the parents of an unmarried child under 18. It is the same flat amount regardless of circumstances.
The dependency claim — usually the largest part
Where the deceased supported others, the dependency claim compensates for the loss of that support, and it is often the most substantial element. It has two strands:
- Financial dependency — the income and benefits the family has lost, calculated over the years they would have continued, using a multiplier from the Ogden Tables (similar to future loss of earnings).
- Services dependency — the value of unpaid work the deceased did for the family: childcare, housework, DIY, gardening and care (valued like a care and assistance claim).
The estate's own claim
Under the 1934 Act, the claim the deceased themselves had survives for the benefit of their estate — covering their pain and suffering between injury and death, and their financial losses in that period. Funeral expenses are also recoverable.
Time limits and the US position
In England & Wales the general limit for a fatal-accident claim is three years from the date of death (or from the date the relevant knowledge was acquired). In the US, a wrongful death claim serves the same purpose but the rules — who may sue, what is recoverable, and the deadline — vary significantly from state to state. Given the sensitivity and the deadlines, specialist advice is essential. See claim time limits and how compensation is calculated.
How a dependency claim is calculated
The financial dependency is built much like a future-loss calculation. The starting point is the deceased's net income, from which a portion is deducted for what they would have spent on themselves (a common convention is that a couple with children are treated as spending around a third on the deceased personally, leaving roughly two-thirds as the family's dependency). That annual figure is then multiplied by a multiplier from the Ogden Tables reflecting how long the support would have continued. The services dependency — childcare, housework, DIY and care the deceased provided — is valued separately, similarly to a care and assistance claim.
The inquest and the civil claim
After a death, a coroner's inquest may examine how the person died. The inquest is not a trial and does not decide compensation, but its findings can be important evidence for a later civil claim. Families should be aware that the inquest process and the compensation claim run on different tracks and timescales. Given the emotional weight, the procedural complexity and the strict time limits, specialist legal support matters a great deal in these cases.
Frequently asked questions
Who can claim compensation after a fatal accident?
Several people, depending on the claim. The fixed bereavement award can be claimed by a spouse or civil partner, a cohabiting partner of at least two years, or the parents of an unmarried child under 18. A dependency claim can be brought by anyone who relied on the deceased financially or for services — including children, partners and other relatives. The estate also has its own claim.
How much is the bereavement award in the UK?
The statutory bereavement award in England & Wales is currently £15,120 for deaths on or after 1 May 2020. It is a fixed flat sum regardless of circumstances. The much larger figures in fatal-accident cases usually come from the dependency claim — the lost financial and services support — not the bereavement award itself.
What is a dependency claim?
It compensates the family for the support they have lost because of the death. Financial dependency covers the income the deceased would have provided, calculated over future years using the Ogden Tables; services dependency covers the value of unpaid work they did — childcare, housework, DIY and care. It is often the largest part of a fatal-accident claim.