Fatal accident compensation claims

Frequently asked questions

• How can shoosmiths help?

  If you come to us with your fatal accident enquiry, we’ll do so much more than just offer legal guidance on how to proceed. We understand completely how a fatal accident can affect the loved ones that are left behind, which is why we offer an extensive support network to all our clients.

  We will work closely alongside you with the aim of forging a relationship built on mutual trust and confidence. Our objective is to help you on a financial level by obtaining the fatal accident compensation you need, as well as on a personal level by doing everything in our power to help you cope with the most difficult of circumstances.

  Furthermore, we can support your fatal accident claim on a no win no fee basis, so there will be no financial risk to you, even in the event that your case proves unsuccessful.

• Who to bring a claim against?

  Fatal accident claims follow the same rules as a personal injury claim and a claim will be brought against the person or persons who are at fault for the incident that caused that fatality.

  In order for the claim to be successful, you must be able to prove that the accident and therefore fatality was a direct result of someone else's negligence.

  If the accident was caused by an uninsured driver or untraced driver, you can still pursue a claim through the Motor Insurers Bureau (MIB).

• How long do claims take?

  It can take several years for any fatal accident claim to settle, especially if the circumstances around the case are complex.

  We will endeavour to make sure the process runs as quickly as possible and in a way that reduces any more distress for you. It is, however, important that we spend time carrying out thorough, comprehensive investigations to ensure that any compensation received genuinely reflects the severity of what's happened and fully meets your current and future needs.

• Do claims end up in court?

  Only a small percentage of claims go to court. When they do, they are held in front of a judge and not a jury. Generally, only very complex cases or those where liability cannot be resolved end up in court.

  Of course, should your fatal injury claim go to court, we will be by your side throughout the process and will explain exactly what is going on and what to expect.

• Will an inquest be required?

  An inquest will be required where a person has died unexpectedly as a result of an accident or the cause of death is otherwise not clear.

  Should an inquest be required, we will be able to help with the proceedings.

• How long do I have to make a claim?

  As with most personal injury claims, the time limit for bringing a fatal accident claim is three years.

  If the deceased was in the process of dealing with a personal injury claim at the time of their death, the three-year limit would begin again from the date of their death.

• How much does it cost to bring a claim?

  When you come to Shoosmiths to make your fatal accident enquiry, your initial consultation is free of charge. We’ll provide sound, professional advice on how to fund your claim, as well as let you know if we can take your case on a no win no fee basis.

  For more information, please take the time to read our guide on funding your claim

• How much compensation could I receive?

  No two fatal accident claims are the same, which is why we cannot quote a set figure that you might be entitled to. The amount of fatal accident compensation you may receive can depend on a number of factors, including the nature of the accident itself, the effect it may have had on your physical and mental wellbeing as well as any financial implications you have had to contend with.

  Generally, in the event of a fatal accident, you may be able to claim compensation for:

  • Pain, suffering and loss of amenity of the deceased
  • Actual losses – Provides for actual expenditures incurred in caring for the injured person, as well as any administrative expenses incurred whilst dealing with th winding up of their estate
  • Loss of earnings including loss of services – If the deceased provided a service such as childcare, housework, gardening, and other DIY chores. If the deceased was caring for another sick person in the family, the cost of hiring a replacement carer may also be considered
  • Losses of dependency – This is often the largest component of most fatal accident claims. This amount will vary depending on the deceased's income. The calculation may also take into account loss of pension as well as other bonuses and allowances, such as healthcare benefits

  In addition to the compensation, there is also the potential for recovering a nominal amount in the form of a Statutory Award for Bereavement.

  You may be able to get a £2,000 Bereavement Payment from the government if your husband, wife or civil partner has died as a one-off, tax-free lump sum.

  The spouse of the deceased or the parents of a child who died when under the age of 18 years are entitled to claim bereavement damages. You will be able to claim a statutory bereavement award, which is currently £15,120, if the death occurred after 1 May 2020. If the death was before 1 May 2020 the bereavement award is £12,980. Only these persons can claim a bereavement award under the 1976 Act. No one else in the family is entitled to do so.

  Although the statutory bereavement damage award is meant to represent compensation for the loss of a loved one and despite steps to make these claims more generous, the compensation remains derisory and a token award, and we will do everything in our power to ensure you receive the compensation you need to help get you through this difficult time.

  Assessment of a fatal accident award can be very complicated. Which is why we advise you to instruct specialist fatal accident solicitors who are able to assess your case and endeavour to get the compensation you need at this difficult time.

  If you require further information or would like to know more about compensation of death, you can contact us when you're ready on 0808 231 1564 or by sending us a message.

• Why choose Shoosmiths to help?

  Over the years, we have established a reputation as being the UK’s leading firm when it comes to helping families deal with fatal accident claims and the trauma attached to such a tragic event.

  That reputation has been earned by the hard work of our specialists, who put a great deal of time and effort into getting to know you, your personal circumstances and how that might impact your case.

  We also stand by our clients long after fatal accident claim compensation has been received, because we believe in the people we represent. Our work down the years has been recognised by several authoritative bodies and with a number of awards:

  • Independent legal directories Legal 500 and Chambers and Partners UK acknowledge our lawyers for their expert, professional approach to dealing with fatal accident claims.
  • We’re approved and accredited by the Association of Personal Injury Lawyers (APIL), Headway, the Law Society Personal Injury Panel and Action against Medical Accidents (AvMA).
  • We’re also signatories of the Headway Personal Injury Lawyers Code of Conduct and the APIL/Forum of Insurance Lawyers (FOIL) Guide to the Conduct of Cases Involving Serious Injury.

  But you don’t have to just take our word for it. You can read our client testimonials and see for yourself how the work we’ve done has helped others.