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Fatal Accident Compensation Claims

Losing someone you love because of an accident that was not their fault is devastating, and thinking about a legal claim can feel like the last thing you have room for. But a claim can secure the financial security your family needs and hold those responsible to account. We handle these claims with care and patience, and we take the legal weight off your shoulders. Our personal injury solicitors act for bereaved families across Greater Manchester, the North West and nationally.

To talk to us, in your own time and with no pressure, call 0161 930 5151, email enquiries@gorvins.com or use our online contact form and we will call you back. The first conversation is free and without obligation.

Who can bring a fatal accident claim?

When someone dies because of another person’s negligence, the law in England and Wales allows a claim to be brought in two ways. A claim on behalf of the person’s estate, under the Law Reform (Miscellaneous Provisions) Act 1934, can recover losses the deceased suffered before death and funeral expenses. A separate claim by dependants, under the Fatal Accidents Act 1976, can recover the financial support the family has lost. Usually the claim is brought by the executor or administrator of the estate on behalf of everyone entitled.

The people who may benefit from a dependency claim are defined widely and include a husband, wife or civil partner, a partner who lived with the deceased as a couple for at least two years before the death, children and other close relatives, provided they can show they depended on the deceased financially or for services such as care. If you are unsure whether you qualify, we can advise you, and many people who assume they are not eligible in fact are.

What can be claimed?

A fatal accident claim can include several different elements:

  • Dependency, the loss of the income, financial support and services (such as childcare, care or help around the home) that the person provided. For a family that has lost its main earner, this is often the largest part of the claim.
  • The bereavement award, a fixed statutory sum set by the Fatal Accidents Act 1976. For deaths on or after 1 May 2020 it is £15,120. It can only be claimed by a limited group, principally the husband, wife or civil partner of the person who died, a qualifying cohabiting partner of two years or more, or the parents of a child who died under 18. Where more than one person is entitled, it is divided between them.
  • Funeral expenses.
  • The estate’s own claim for losses and any pain and suffering the deceased experienced before death.

Every family’s circumstances are different, and calculating a dependency claim fairly, especially future losses over many years, takes real care and experience. We make sure nothing that should be recovered is overlooked.

Inquests

Where there is a sudden or unexplained death, there is often an inquest, a coroner’s inquiry into how the person died. An inquest is not about blame, but what emerges can be important for a civil claim, and having a solicitor who understands the process can help you feel supported and prepared. We can advise you on the inquest alongside any compensation claim, so the two work together rather than pulling you in different directions.

How long do you have to claim?

In most cases a fatal accident claim must be started within three years, under the Limitation Act 1980. That period usually runs from the date of death, or from the date on which the family first knew that the death was linked to someone’s fault, which can be later, for example where an inquest or investigation reveals what happened. There are limited exceptions, and the court has a discretion to allow late claims, but this cannot be relied upon. Because evidence is best gathered early and an inquest may run alongside, it helps to seek advice when you feel ready, without waiting.

Funding your claim

There are different ways a fatal accident claim can be funded, and the right option depends on your circumstances. We will explain clearly at the outset how your claim can be funded and set out our charges, so you understand exactly where you stand before you decide whether to proceed. There is no pressure to commit.

How Gorvins can help

Gorvins is a Legal 500 recognised firm based in Stockport, acting for bereaved families across Greater Manchester, Cheshire, the North West and throughout England and Wales. We know that behind every fatal accident claim is a family coping with grief, and we handle these cases with the sensitivity, respect and patience they deserve, moving at a pace that is right for you.

When you instruct us you will have a dedicated specialist who looks after your claim from start to finish and is always there to answer your questions. We investigate what happened and who was responsible, work sensitively with you to identify everyone entitled to claim, calculate the full extent of the family’s losses, support you through any inquest, and negotiate or, if necessary, litigate to recover fair compensation. We handle fatal claims arising from road traffic accidents, accidents at work, and other causes, and where a death followed a very serious injury our wider personal injury teams can assist.

When you are ready to talk, call 0161 930 5151 or complete our online enquiry form and we will call you back.

Fatal accident claim FAQs

Who can make a claim after a fatal accident?

A claim is usually brought by the executor or administrator of the person’s estate, on behalf of those entitled. Dependants who can claim include a husband, wife or civil partner, a partner who lived with the deceased as a couple for at least two years, children and other close relatives who depended on the deceased financially or for services. If you are unsure whether you qualify, we can advise you.

What is the bereavement award and how much is it?

The bereavement award is a fixed statutory sum under the Fatal Accidents Act 1976, set at £15,120 for deaths on or after 1 May 2020. It can only be claimed by a limited group, mainly the husband, wife or civil partner of the person who died, a qualifying cohabiting partner of two years or more, or the parents of a child who died under 18. If more than one person is eligible, it is shared between them.

What can a fatal accident claim include?

It can include the loss of financial support and services the person provided (the dependency claim), which is often the largest element, the fixed bereavement award for those eligible, funeral expenses, and the estate’s own claim for losses and any pain and suffering before death. We make sure every element the family is entitled to is properly claimed.

What is an inquest and does it affect a claim?

An inquest is a coroner’s inquiry into how someone died, held after a sudden or unexplained death. It is not about assigning blame, but the findings can be important for a civil compensation claim. We can support you through an inquest and make sure it works alongside any claim rather than against it.

How long do we have to make a claim?

Usually three years from the date of death, or from when the family first knew the death was linked to someone’s fault, which can be later, for example after an inquest. Limited exceptions apply and the court has a discretion to allow late claims, but this should not be relied upon. It is best to seek advice when you feel ready rather than waiting.

How is a fatal accident claim funded?

There are different ways a claim can be funded, and the right option depends on your circumstances. We will explain the available options and set out our charges clearly at the outset, so you understand where you stand before deciding whether to proceed. There is no pressure to commit.

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