Losing a loved one is devastating, and no amount of compensation can ever truly make up for the pain and grief it causes. However, bereavement damages exist to provide financial support and acknowledge the emotional impact of losing someone due to negligence.
If your loved one passed away because of someone else’s actions or failure to act, you may be entitled to bereavement damages under UK law. This guide explains what bereavement damages are, who can claim them, and how much compensation may be available.
What are bereavement damages?
Bereavement damages are a statutory form of compensation awarded to certain family members who have lost a loved one due to someone else’s negligence.
These claims are most commonly made following deaths caused by medical negligence, road traffic accidents, or workplace incidents. However, bereavement damages can also apply in other situations where a person’s death resulted from someone else’s failure to uphold their duty of care.
The purpose of bereavement damages is to recognise the emotional impact of losing a loved one. However, the fixed amount, known as the bereavement award, has been widely criticised for being too low, particularly when compared to other forms of compensation.
How much is the bereavement award?
The Fatal Accidents Act 1976 allows people to claim bereavement damages for the loss of a loved one caused by someone else’s negligence. The act sets out a fixed amount for damages that can be paid, called the bereavement award.
In England and Wales, the bereavement award is currently set at £15,120, an increase from £12,980 in May 2020. However, many campaigners argue that this is still too low compared to other forms of compensation and fails to reflect the true emotional toll of losing a loved one.
In Scotland, bereavement damages are handled differently. Rather than a fixed sum, compensation is assessed on a case-by-case basis, allowing courts to award higher and potentially fairer amounts based on individual circumstances.
Who can claim bereavement damages?
The Fatal Accidents Act 1976 outlines strict rules regarding eligibility for bereavement damages. Under the current legislation, only specific individuals can claim bereavement compensation. They must be:
- The spouse or civil partner of the deceased person
- The parents of a deceased child under 18 (if the child was born outside of marriage, only the mother can claim)
- Cohabiting partners who lived with the deceased for at least two years before their death (this provision was introduced in October 2020)
Who isn’t eligible to claim bereavement damages?
Unfortunately, many close family members are excluded from claiming bereavement damages, including:
- Children who have lost a parent
- Parents of adult children aged 18 or over
- Siblings, grandparents, and other extended family members
These exclusions have been widely criticised, and campaigners continue to push for reforms to make bereavement compensation more inclusive and reflective of modern family relationships.
How do you claim bereavement damages?
If you believe you’re entitled to claim bereavement damages, you must follow the process set out in the Fatal Accidents Act 1976. You should:
- Seek legal advice from a solicitor’s practice that has experience in making fatal accident claims, such as Injury Lawyers 4u.
- Gather relevant documentation and evidence, such as the death certificate and proof that the death resulted from negligence.
- Submitting your claim on time. Bereavement claims must be made within three years from the date of death. Missing this deadline could mean losing your right to compensation.
- Understand how compensation is divided. If multiple people are eligible to claim, the bereavement award will be split between them. A solicitor can help clarify how this applies to your situation.
What other compensation can you claim after a fatal accident?
Bereavement damages are only one part of a fatal accident compensation claim. Depending on your circumstances, you may also be entitled to additional financial support, including:
- Dependency claims– If you relied on the deceased for financial support or services such as childcare or household help, you may be able to claim compensation for this loss.
- Funeral costs – Compensation can cover the reasonable costs of a funeral, including burial or cremation expenses and related arrangements.
- Loss of earnings and benefits – If the deceased was a primary earner, dependents may be entitled to claim for lost income, pensions, or other financial contributions.
Each case is different, and a legal expert can assess which compensation avenues apply to your situation, helping you maximise the financial support available to you.
Why is the bereavement award controversial?
There has been plenty of ongoing criticism of the bereavement award in England and Wales, as:
- The fixed amount of £15,120 is seen as too low, failing to reflect the emotional and financial impact of losing a loved one.
- Many close family members aren’t covered, such as adult children, unmarried fathers, and siblings, despite their deep personal loss.
- Scotland’s system is considered fairer as courts assess each case individually, often awarding higher compensation based on specific circumstances.
Despite repeated calls for reform, the UK government has yet to commit to meaningful changes to bereavement compensation laws.
How can a solicitor help with a bereavement damages claim?
Making a bereavement damages claim can be complex, especially during a time of grief.
A solicitor with experience in fatal accident claims can guide you through each step of the process, ensuring you claim all the compensation available to you. They can also handle all legal paperwork and negotiations, making the process as straightforward as possible during an already difficult time.
If you’ve lost a loved one due to negligence, you don’t have to face the claims process alone. Our expert solicitors are here to provide advice, support, and representation to help you secure the compensation you deserve. Call us on 0333 400 4445 for a free consultation or fill in a contact form and we’ll get back to you right away.