Nothing can ever repair the damage caused when a loved one is lost in a fatal road accident. However, compensation can bring financial support to dependents. Our fatal car accident lawyers have extensive experience with fatal road accident claims and are here to support you every step of the way.
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Losing a loved one in a road traffic accident is incredibly distressing, and no amount of compensation will repair the damage caused. No one should be left to deal with the impact of losing a loved one due to someone else’s negligent actions, but we’re here to support you every step of the way.
Who can make a claim for a fatal road accident?
When a death in a road accident has occurred as a result of someone else’s negligence, a fatal road accident compensation claim can be made by a dependant of the deceased under the Fatal Accidents Act 1976, and on behalf of the deceased’s estate under the Law Reform (Miscellaneous Provisions) Act 1934.
A person is defined as a dependant if they are:
A spouse or financially dependent former spouse
Cohabitees or civil partners of at least two years prior to the deceased death
Parents or other ascendants of the deceased
Children, grandchildren and other descendants
Any person treated by the deceased as a child of the family, such as adopted children or those from a marriage or civil partnership
Close relatives including siblings, aunts, uncles, nieces and nephews
If you have lost your partner in a road accident and were partially or entirely financially dependent upon the deceased, you may be able to claim. To learn more, you can reach out to our specialist fatal car accident lawyers, who can support you with your personal circumstances. Call 0330 041 5869 or contact us online.
How does a fatal road accidents claim work?
A fatal road accident claim allows the deceased’s estate to seek compensation on the deceased person’s behalf. It also allows certain relatives or close relations to seek compensation if someone they depended on financially died in a road accident due to someone else’s negligence. Compensation can be claimed for the loss of a loved one (in certain circumstance), as well as for the pain and suffering they experienced before they died and certain financial losses.
The process begins with gathering the key details of the accident, such as police reports, witness accounts and medical records. Once this essential information is available, your solicitor will assess who may be legally responsible and what type of claim is suitable.
Negotiations then begin with the responsible party and their insurer. Evidence is gathered to value the claim, including witness statements and financial records. Most fatal car accident claims settle without the need for court proceedings, but court action is sometimes required where liability is disputed or an agreement on the total amount of compensation can’t be reached. Even when a case proceeds to court, most claims still settle before a final trial.
We know that making a claim can seem overwhelming, but you don’t have to go it alone. At every stage, your solicitor guides you through the process, explaining each step and ensuring the emotional strain is kept to a minimum.
To make a successful fatal accident claim, we will need to gather evidence to prove that someone else’s negligence caused the death of your loved one. This often includes police collision reports, medical records, post‑mortem findings, witness statements and accident reconstruction reports. Photographs, CCTV footage and dashcam recordings can also be valuable.
We will also need to evidence any losses to you and your loved one, such as any pain or suffering felt by the deceased, the extent to which you depended on them financially or for services, and funeral expenses, as well as evidence to support a claim for a bereavement award (if you are eligible). To prove financial dependency, we will usually need supporting evidence such as wage slips, tax returns, bank statements and documents showing household expenditure.
Our specialist fatal car accident lawyers will gather and review the evidence on your behalf, working closely with experts to build a clear and detailed understanding of the circumstances and the losses suffered.
What does the compensation cover in a fatal road accident claim?
Determining the amount of compensation awarded in the case of a fatal car accident is dependent upon several factors, such as the circumstances in which your loved one passed away. Areas that will be considered include:
Dependency losses: This is generally the core part of a fatal car accident claim and considers the impact of the loss of your deceased loved one’s income if you were financially dependent on them. Your lawyer will value the long-term impact of the support you were provided as part of your claim. This compensation will also account for funeral expenses paid by dependants.
Pain, suffering and loss of amenity: It may be that your loved one was treated in hospital for some time before passing. In this case, you may also receive compensation to reflect the period of suffering between the accident and their death.
Financial losses of the deceased and their estate: This will cover financial losses the deceased incurred between the date of the accident and the date of death, such as the cost of any medical treatment, travel, or home adaptations, along with any funeral expenses paid from the deceased’s estate. Your fatal car accident lawyer should also consider any loss of earnings for both you and your loved one if you’ve been unable to work. Costs associated with probate can also be claimed, if they are only incurred for the purpose of the claim.
Can I get a statutory bereavement award?
The Fatal Accidents Act 1976 allows a spouse, civil partner or cohabiting partner of at least two years – or, in the case where the deceased is a minor under the age of 18, a parent – to claim a statutory award for bereavement.
This is a fixed amount of £12,980 for deaths occurring before 1 May 2020 and is paid regardless of dependency. The amount has increased to £15,120 for deaths occurring on or after 1 May 2020.
Although the bereavement award is limited in amount, it forms an important part of many fatal accident claims. Your solicitor will confirm whether you are eligible for this award as part of your claim.
Many people worry about whether bringing a claim is the right thing to do, especially during a time of grief, but it can be an important step to ensure that you and your family are supported and cared for. A fatal road accident claim focuses on providing you and your family with the financial security and support you need following a devastating loss.
If you were financially dependent on the person who died, you may be eligible to claim for the income and services they provided. This can include day‑to‑day household support, childcare, and even guidance and companionship. A claim can also help with immediate costs such as funeral expenses.
Bringing a claim can also help ensure that what happened is fully investigated. It may lead to improvements in safety and prevent similar accidents in the future. Many families find reassurance in knowing that the circumstances have been properly examined.
If you are unsure whether to bring a fatal road traffic accident claim, speaking to a specialist solicitor can help you understand your rights and relieve some of the uncertainty you may be experiencing.
How do I make a claim for a fatal road accident?
Nothing can prepare you for losing a loved one. When you’re ready to talk to someone, you can reach out to our team of fatal car accident lawyers by calling 0330 041 5869 or by contacting us online and we’ll arrange a time that works for you.
There’s no pressure to have all the answers to hand right away, and you don’t need to discuss everything in one call if you’re not ready. We’re here to support you and will take it step-by-step at a pace you’re comfortable with.
Our team is consistently ranked highly in reputable independent legal directories, such as Chambers and Partners, and the Legal 500, and we have some of the best and most experienced injury lawyers in the UK. We work tirelessly to get the best possible outcome for our clients, handling every case with compassion and understanding.
How can our fatal road accident solicitors support you?
We understand that making a fatal road accident claim is a difficult and emotional decision for you and your loved ones. Whenever you are ready, our leading experts are here to listen and support you with compassion.
Our specialists have received high rankings from reputable independent legal guides, such as Chambers and Partners and the Legal 500
We’re accredited by The Law Society's Lexcel program, recognising that we adhere to the highest standards of professionalism and ensure our clients benefit from our expertise
We're an award-winning law firm and have a dedicated team of fatal car accident lawyers to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We offer affordable expert legal advice and can guide you on all aspects of fatal road traffic accident claims. Our initial consultation offers tailored guidance on your situation, giving clear advice and options regarding next steps.
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We understand that every claim is different – so we provide tailored advice and guidance to suit your individual needs.
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We're a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call to suit your requirements.
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Frequently asked questions about fatal car accident claims
What are the typical causes of fatal car accidents?
There are unfortunately many reasons why fatal road accidents happen in the UK, though most often arise from a combination of driver behaviour, dangerous road conditions and mechanical failures. Some of the common causes of fatal accidents on the road include:
Driving at excessive speed for the road or weather conditions: this reduces the time a driver has to react, which increasing the likelihood of a collision or loss of control.
Driver distractions: this could include using a mobile phone while driving, adjusting a satnav, or eating and drinking.
Driving under the influence: driving while under the influence of alcohol or drugs can significantly impact a driver’s judgement, coordination, and reaction time. It is a criminal offence to drive over the legal limit or under the influence of drugs.
Driver fatigue: losing concentration due to exhaustion can unfortunately be quite common, particularly on long-distance journeys, and can be incredibly dangerous
Road conditions: poorly maintained roads, unlit roadworks, and faulty traffic signals can all contribute to accidents on the road
Mechanical failures on vehicles: failures such as defective brakes, tyre blowouts, or steering issues can result in a vehicle becoming uncontrollable, significantly increasing the risk of accidents and injuries
How long do I have to start a claim for a fatal road accident?
Under UK law, you have three years from the date of death to begin making a claim for a death in a road accident. However, the time limit may be different in certain circumstances, such as if the accident occurred abroad, or if the dependants of the deceased are under the age of 18 or lack the mental capacity to bring a claim for themselves.
It can take time to come to terms with your loss, and it is important that you feel ready and able to take the next step. When you feel you are ready, you can reach out to us on 0330 041 5869 or get in touch online to request a callback.
How long will it take to make a claim for a fatal road accident?
It can be difficult to determine how long it will take to process a fatal road accident claim as cases can be complex and various factors, such as whether the other party accepts liability, can influence the length of the process.
Once your case has begun, your fatal car accident lawyer may give more information about how long the process could take. At Slater and Gordon, we work hard to keep your case moving forward and will keep you updated on its progress every step of the way.
How much compensation can I claim for a fatal accident?
The amount of fatal car accident compensation varies depending on your individual circumstances. Typical factors include the person’s income, the level of financial support they provided, the services they carried out within the home, and the long‑term impact their death will have on you and your family.
Compensation may include:
Loss of financial dependency, which reflects the income the person would have contributed to the household and their dependants
Loss of services they provided, such as childcare, caring responsibilities or running the home
Funeral expenses
Pain and suffering experienced by the person before they died
Losses suffered by the estate
A statutory bereavement award, if you qualify under the law
Each component is carefully assessed. No two cases are the same, and your solicitor will ensure that your claim accurately represents the full impact of your loss.
What if the driver at fault fled the scene?
If your loved one was involved in a hit-and-run accident where the driver fled the scene, it may still be possible to make a claim. The Motor Insurers' Bureau (MIB) was set up to handle claims resulting from accidents with an uninsured or untraceable driver.
Can I claim if the person who died was partly at fault?
Yes. You may still be able to bring a fatal car accident claim even if your loved one was partly at fault. The legal concept that applies here is called 'contributory negligence', which means that compensation may be adjusted to reflect the degree of responsibility they held.
For example, if the other driver was primarily responsible but your loved one was not wearing a seatbelt, this might reduce the final compensation amount. The reduction depends on the specific circumstances of the accident and is assessed individually.
It is important not to assume that partial responsibility prevents you from claiming. Our fatal car accident lawyers will examine the evidence and advise whether you can still pursue compensation. Many families are surprised to discover that they remain entitled to substantial support, even where contributory factors exist.
How is compensation calculated in a fatal car accident claim?
Compensation in fatal car accident claims is calculated by considering both financial and non‑financial losses. The financial losses include services the deceased provided and any financial benefit they would have given to their dependants, as well as funeral expenses, awards for pain, suffering and loss of amenity, and bereavement awards.
Your solicitor will gather all the relevant evidence, such as wage slips, employment records, and expert financial analysis, to understand the full extent of what has been lost. Future earnings are predicted based on age, career path and likely progression. Household services, such as childcare, cooking, cleaning or personal care, are also valued using recognised methods. Non‑financial losses include pain and suffering experienced by the person before death.
The goal is to ensure your compensation truly reflects the profound impact the loss has had on the deceased’s loved ones. At Slater and Gordon, we approach this process with sensitivity and accuracy, ensuring no aspect is overlooked.
Will I have to go to court for a fatal road traffic accident claim?
It is unlikely that you will have to go to court, as most fatal road traffic accident claims are settled through negotiation with insurers once the evidence is clear and liability has been accepted.
In rare cases, court proceedings may be necessary if the insurer disputes responsibility or refuses to offer a fair settlement. However, even when a claim is issued in court, cases often resolve before reaching a final hearing.
If attending court becomes necessary, you will receive full support throughout the process. Our specialist fatal road accident solicitors prepare every case carefully, ensuring you understand what to expect at every stage and providing tailored legal support throughout.
Can I make a fatal car accident claim on behalf of someone else?
Yes, you may be able to. Under the Law Reform (Miscellaneous Provisions) Act 1934, the executor or administrator of the deceased’s estate make a fatal car accident claim on their behalf. This allows the estate to seek compensation for losses suffered by the deceased, such as pain and suffering and financial losses incurred before they died.
In addition, certain dependants can bring a claim under the Fatal Accidents Act 1976. Dependants may include a spouse, civil partner, children, cohabiting partners and others who relied on the deceased for financial support.
If you are unsure whether you qualify to make a claim, our team can explain the rules clearly and guide you through the process. Call us on 0330 041 5869 or get in touch online.
Can I claim for funeral expenses?
Yes, you can. Reasonable funeral expenses can be included within a fatal road accident claim. This may cover the cost of the funeral service, cremation or burial fees, and other associated expenses. Funeral expenses can be claimed either by the estate or as part of a dependency claim. Your solicitor can discuss this with you and help ensure all relevant costs are included.
Can I make a No Win No Fee claim for a fatal car accident?
Yes. Most of the fatal car accident claims that we pursue are brought on a no win no fee basis. This means you don’t pay anything upfront for our services, and you won’t have to pay any legal fees if your claim is unsuccessful.
This type of agreement allows families to access expert representation without financial risk. It also ensures that you can pursue justice and financial support without worrying about legal costs at an already difficult time.
To learn more about funding a fatal road accident claim, or to establish your full legal position, speak to our team on 0330 041 5869 or get in touch online.
Will there be an inquest?
When a death is sudden, unexplained or the result of a road traffic collision, an inquest is often held by the coroner. The inquest investigates what happened and how the person died. It doesn’t apportion blame, but the findings can be important in understanding the circumstances and supporting a fatal road accident claim.
Having legal representation during an inquest can help you navigate what is often a deeply emotional experience. We regularly represent families at inquests, ensuring the right questions are asked, the evidence is properly examined, and your family’s interests are protected. If you need support, we’re here when you need us. Call us on 0330 041 5869 or get in touch online.
Really helpful and always on the other side of the phone if needed. Quick and easy service. Ashley
Excellent communication, in constant contact with the latest info regarding your case. David
Everything is moving along quickly and smoothly. Good professional service I'm glad I chose slater and gordon Kenny Jackson