Losing a loved one is an incredibly difficult experience. While no amount of compensation can replace them, understanding your legal rights can help ease some of the financial strain that follows their loss. The Fatal Accidents Act 1976 provides a framework for dependents to claim compensation when a loved one dies due to someone else’s negligence.
In this article, we explain what the Fatal Accidents Act 1976 is, who can make a claim under it, what types of compensation may be available, and how Injury Lawyers 4u can support you through the process.
What is the Fatal Accidents Act 1976?
The Fatal Accidents Act 1976 was introduced in order to provide financial support for dependents. These are people who relied on someone financially or practically and have lost that support due to a fatal accident caused by negligence.
The Act allows dependents to claim compensation from the individual, business or organisation responsible for the death. Its main purpose is to make sure that those left behind do not face unnecessary financial hardship after losing someone they depended on.
Who can claim compensation under the Fatal Accidents Act?
The Fatal Accidents Act allows certain individuals to claim compensation if they were financially or practically dependent on the person who has died. These individuals include:
- A spouse, civil partner, or cohabiting partner if they lived together for at least two years before the death
- Parents or guardians of the deceased
- Children, stepchildren, or adopted children who were financially dependent on the deceased
- Siblings, aunts, uncles, and other close relatives in certain circumstances
To make a successful claim, you must show that you relied on the deceased for financial support or for essential services such as childcare, housework or care. This type of claim is often referred to as a financial dependency claim.
What compensation can be claimed?
The Fatal Accidents Act 1976 sets out several types of compensation that may be awarded to help dependents manage the financial impact of a loved one’s wrongful death. These include:
Bereavement damages
A fixed sum of £15,120 will be awarded to:
- Spouse
- Civil partner
- Qualifying cohabiting partner
- Parents or guardians of a deceased child or minor
If more than one person is eligible, the amount is divided equally.
Loss of financial dependency
Also known as loss of earnings compensation, this covers the income, pension, or financial support the deceased would have provided. The amount depends on the person’s previous earnings, future earning potential, and how much their dependents relied on their support.
Loss of services
Compensation may be awarded to cover the practical contributions the deceased made, such as:
- Childcare and parenting responsibilities
- Household maintenance and tasks
- Providing care for elderly or disabled dependents
Funeral expenses
Dependents can also claim reasonable funeral-related costs, including expenses for burial or cremation, and other associated funeral costs.
How long do you have to make a fatal accident claim?
As with most types of injury or accident compensation, including personal injury claims, there is a standard three-year time limit from the date of death to make a fatal accident claim. In some cases, the deadline may start later. For example, if the negligence that caused the death is only discovered after the fact, such as during an inquest or medical investigation.
To give yourself the best chance of a successful claim, it’s important to seek legal advice as soon as possible. This helps ensure everything is filed within the required timeframe.
You can read more about deadlines for making compensation claims to understand how the rules may apply to your situation.
How do you prove negligence in a fatal accident claim?
To make a successful fatal injury claim, you’ll need to show that your loved one’s death was caused by someone else’s negligence. This usually involves proving three key elements:
- Duty of care – The defendant had a legal responsibility to keep the deceased safe. For example, an employer must provide a safe working environment.
- Breach of duty – Typically due to unsafe conditions or an employer’s failure to follow safety procedures.
- Causation – It must be clear that the breach of duty directly led to the fatal accident.
While fatal accidents are thankfully rare in the UK, they can still happen. The most common causes include:
- Road traffic accidents: Often involving reckless or careless driving.
- Workplace accidents: Due to unsafe working conditions or employer negligence
- Public liability accidents: Incidents in public spaces, such as slips, trips, or falls caused by poor maintenance or hazardous conditions.
Supporting your claim with strong evidence is essential. This may include medical reports, witness statements, accident reports, and expert opinions.
How can Injury Lawyers 4u help?
At Injury Lawyers 4u, we understand how overwhelming it can be to deal with legal matters after losing a loved one. Our experienced solicitors are here to ease that burden by handling your fatal accident claim with care, sensitivity, and expertise.
We offer a no-win, no-fee service, so you won’t pay anything unless your claim is successful. From guiding you through the legal process to managing paperwork, negotiating settlements, and representing your interests, we’re here to support you every step of the way.
Ready to make a claim? Contact us today
If you’ve lost a loved one due to someone else’s negligence and want to understand your rights, we’re here to help. Contact Injury Lawyers 4u today for a free, no-obligation consultation. Call us on 0333 400 4445 or fill in a contact form, and a member of our team will get back to you as soon as possible.