Personal injury solicitors for clients throughout England & Wales
England & Wales
Losing someone in an accident is a loss that does not resolve, and we are sorry that you have reason to read this page. If the death may have been caused by someone else's negligence, there are legal steps that can be taken, and this page explains what they are. Our solicitors advise dependants and family members throughout England and Wales, and there is no charge for an initial conversation.
We approach these matters at whatever pace suits you. Some families want to understand the position early, while other decisions can wait until after an inquest or an investigation.
In some circumstances, yes. Where a death has been caused by someone else's negligence, certain dependants and family members may be able to bring a claim, and a claim may also be possible on behalf of the deceased person's estate. Whether a claim can be brought, and who is entitled to benefit from it, depends on the individual circumstances and the applicable legislation rather than on a single rule. Early advice helps clarify the position.
It may help to understand that two separate things can be involved, and they are often pursued together. The first is a claim on behalf of the estate, which covers matters such as the deceased's suffering before death and funeral expenses. The second is a claim by the dependants themselves, for the financial support and other benefits they have lost because of the death.
Who can bring a dependants' claim is defined by legislation, and the list is wider than many people expect. Beyond a spouse or civil partner it can include a former spouse, a partner the deceased lived with, children, and in some cases parents or others who were financially dependent. Being told that you may not qualify at a first glance is not necessarily the end of the matter, and it is worth asking.
The legislation defines who can bring a claim and who can benefit from one. These are the people most commonly involved, though every case turns on its own facts.
Spouse or civil partner
Generally the most straightforward position. A bereavement award is also typically available to a spouse or civil partner, and their dependency on the deceased's income is usually central to the claim.
Children
Children of the deceased can bring a claim, including adult children in appropriate circumstances. Where a child is a minor, the claim is brought by a litigation friend and any settlement requires court approval.
Partner the deceased lived with
A person who was living with the deceased as a partner, and had done so for a qualifying period, can be treated as a dependant. This does not require marriage or a civil partnership, but the relationship and the dependency need to be evidenced.
Former spouse
A former spouse can in some circumstances be treated as a dependant, particularly where they were still receiving financial support from the deceased. This is an area where the specific facts matter a great deal.
Parents of a child
Where the deceased was a minor child, parents may be entitled to a bereavement award and can bring a dependency claim. Where the deceased was an adult, the position depends on whether the parents were financially dependent on them.
The estate
Separately from the dependants' claim, the personal representatives can bring a claim on behalf of the estate, covering the deceased's suffering before death, funeral expenses and certain other losses.
If you are unsure whether you fall within one of these categories, that is a perfectly reasonable question to ask, and there is no charge for asking it. It is not unusual for a family to include someone whose position is less obvious than the others.
What can be recovered varies with the circumstances, and not every element will apply in every case. These are the heads of claim most commonly involved.
Bereavement award
A fixed amount set by legislation, payable to certain close relatives in defined circumstances. It is a matter of entitlement rather than individual assessment.
Suffering before death
Where the deceased survived for a period after the accident, compensation for the pain and suffering experienced in that time, where the evidence supports it.
Funeral and related expenses
The reasonable costs of the funeral and associated expenses, where these have been incurred by the family.
Dependency on income
Loss of the financial support the deceased provided, whether wages, a pension, or the value of other contributions they made to the household.
Loss of services
Where the deceased did work around the home, looked after children or provided care, the value of those services can be claimed as a loss.
Other losses
Certain other losses flowing from the death, depending on the circumstances and the evidence available, including where the family incurred costs as a result.
Because recoverability depends on evidence and on the particular legislation that applies, we will explain frankly what is likely to be available in your circumstances rather than setting out an unrealistic list.
Where a death is sudden or unexplained, the coroner will usually open an inquest. That is a separate process from a compensation claim, and its purpose is to establish who died and how, not to award anyone anything. Families often find it a demanding process, and it is worth knowing that you can be represented at it.
The evidence gathered for an inquest can be very useful in a civil claim, because it comes from witnesses and records that might otherwise be hard to obtain. Sometimes it is sensible to wait for the inquest to conclude before finalising the claim, and sometimes the claim can be started in parallel.
A criminal prosecution is also entirely separate. A civil claim can be brought whether or not anyone is charged, and whether or not any prosecution succeeds. If there is a prosecution, the timing of the civil claim may need to be considered carefully around it, and we will advise on that specifically.
The type of accident changes who the claim is brought against, but not the principles that apply. These are the situations we deal with most often.
Including collisions involving cars, motorcycles, cyclists and pedestrians, and cases involving uninsured or untraced drivers where a claim through the Motor Insurers' Bureau may be possible. Where a driver is prosecuted, the civil claim continues regardless of the outcome of that prosecution.
Construction and industrial accidents are the most common, followed by agricultural and transport work. These claims are often met by the employer's liability insurer. The Health and Safety Executive or another regulator may also investigate, and that investigation can produce useful evidence.
Where a death occurred on premises open to the public, the claim is usually brought against the occupier or the body responsible for maintaining the site. Records such as inspection logs and maintenance history often form an important part of the evidence.
Where a death followed medical care that fell below the standard reasonably expected, a clinical negligence claim may be possible. These cases require evidence from independent medical experts on both the standard of care and whether the death would probably not have occurred with proper treatment.
Where someone has died as a result of a crime of violence, the Criminal Injuries Compensation Authority scheme may be able to provide a bereavement award and, in some cases, a dependency award. This is a different route from a negligence claim, with its own rules and time limits.
Where a death occurred while someone was in custody, in hospital or in a care setting, there may be additional investigations and a different set of responsibilities. These matters need handling with particular care and often involve several bodies at once.
In some circumstances, yes. Where a death has been caused by someone else's negligence, certain dependants and family members may be able to bring a claim, and a claim may also be possible on behalf of the deceased person's estate. Who can claim and what can be recovered depends on the individual circumstances and the applicable legislation, so sensitive advice early on is important.
The law recognises a range of people who may be treated as dependants, which can include a spouse or civil partner, a former spouse, a person living with the deceased as a partner, children, and in some cases parents or others who were financially dependent on the deceased. These relationships are assessed on the individual facts, and it is worth taking advice rather than assuming you do not qualify.
Where a claim succeeds following a death, a fixed bereavement award can be payable to certain close relatives, including a spouse or civil partner and, in defined circumstances, the parents of a child who was a minor. The amount is set by legislation rather than assessed individually, and it is only one element of what a claim may include.
For most claims following a fatal accident in England and Wales, the limitation period is three years from the date of death, rather than from the date of the accident itself. There are exceptions and the position can be more complicated where the death followed some time after the injury, or where there was a later inquest or prosecution, so early advice is important.
A criminal prosecution and a civil claim are separate processes, and you can pursue a civil claim whether or not anyone is prosecuted. An inquest is an inquiry into the death rather than a compensation process, but its findings and the evidence gathered can be very useful in a civil claim. It is worth telling us if either is ongoing, so the timing of the claim can be considered carefully.
Yes, in some cases. A claim can include compensation for the pain and suffering of the deceased between the accident and their death, provided the period was long enough for this to be a meaningful element and there is evidence to support it. What is recoverable in this respect depends on the individual facts, and we will always explain the position frankly.
Depending on the circumstances, a claim may include the bereavement award, compensation for the deceased's suffering before death, funeral expenses, loss of the deceased's earnings and other financial support, loss of services such as care they provided, and other losses arising from the death. Recoverability depends on the evidence and the circumstances.
Often yes, and it is usually simpler that way. A claim on behalf of the estate is brought by the personal representatives, while the dependants' claim is brought by the family members themselves. One solicitor can handle both, provided there is no conflict of interest, and it avoids duplication and delay at a difficult time.
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Read our Regulatory InformationThere is no charge for an initial conversation, and no obligation to take anything further. If you would simply like to understand where your family stands, tell us a little about what happened and a member of the team will explain the position.
