Losing someone you love is the worst thing that can ever happen and financial compensation is probably the last thing on your mind. However, if someone else was to blame, you do have the right to seek compensation. Our solicitors have extensive experience of fatal injury compensation claims.
When you've lost a loved one due to someone else's negligence, finances are probably the last thing on your mind. Our fatal injury solicitors offer compassionate and understanding support to assist you in getting justice on behalf of your loved one and getting future financial security for those that depended on them.
Such a loss may have left you in a difficult financial position, and seeking financial security may be a necessity. If this is the situation you find yourself in, we have many years' experience in helping bereaved families through fatal injury claims with the utmost sensitivity. Our expert solicitors will be with you every step of the way.
If someone else's actions or negligence were to blame or partly to blame for your loss, please get in touch with our fatal injury lawyers as soon as you feel able to.
Those who may be able to make a fatal injury claim when a loved one dies include the following relatives, providing they were dependent on financial support/services from the deceased:
A spouse or financially dependent former spouse
Cohabitees or civil partners of at least two years' standing
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 believe that you are entitled to claim compensation for your loss, please contact us to speak to a legal expert who can advise you of the next steps.
Who might be responsible for the fatality?
Having responsibility for someone's death is a terrible thing. Unfortunately, there are any number of circumstances that can lead to causing someone's death, including:
In fact, whenever someone dies and natural causes, such as old age, are not clearly at fault, it's important to consider whether someone's actions or negligence may be to blame. That's when you may wish to speak to one of our fatal injury lawyers to see if a compensation claim is the most appropriate course of action.
What does fatal injury compensation cover?
Losing a loved one has a profound impact. While making a claim for fatal injury compensation can feel daunting at such a distressing time, it is designed to help provide your family with the support and stability you need after such a loss. Every fatal injury compensation claim reflects the unique circumstances of the family involved, ensuring the support received is genuinely tailored to their needs.
Under the Law Reform (Miscellaneous Provisions) Act 1934, compensation can be claimed for:
Any pain or suffering between injury and death
Financial losses the deceased incurred between the date of the accident and the date of death
Funeral expenses paid from the deceased’s estate
The Fatal Accidents Act 1976 provides compensation for loved ones who depended on the deceased financially. This can cover:
Loss of financial support
Loss of services provided by the deceased, such as gardening or house maintenance and DIY
Intangible loss of service (an extension of the loss of services claim which takes account for services provided as part of special relationships, such as childcare provided by a parent or care provided to an elderly relative)
Funeral expenses paid by the dependant(s)
Bereavement damages (only available to the deceased’s spouse or civil partner, and parents of children under the age of 18 who were not married/in a civil partnership)
How much is the statutory award for bereavement?
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.
Shahida's story
Shahida Shahid was just 18 years old when she was served a buttermilk chicken burger at Almost Famous restaurant in Manchester, despite making her server aware of her allergies to dairy and nuts. Our experts helped her family claim fatal injury compensation after a long wait for an inquest.
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What is the fatal injury claims process?
The fatal injury claims process can feel overwhelming, particularly at a time when you are grieving the loss of a loved one. Our specialist fatal injury solicitors have supported many families through the process and are on hand to provide tailored legal guidance with compassion and understanding.
The first step is speaking to our experienced team on 0330 041 5869, or you can get in touch online to arrange a call back at a time that suits you. We’ll discuss the details of your case and advise you on your eligibility and legal rights.
We will then gather relevant evidence to support your case, including medical records, accident reports, witness statements, and financial documentation.
Once the evidence has been gathered, we’ll submit a Letter of Claim to the defendant or their insurer.
We will instruct independent experts to help establish the facts of the case or examine evidence. These can include both medical experts to comment on injuries and cause of death, and specialists such as accident reconstruction experts to comment on the cause of the accident.
Rarely, a claim may go to court, in which case your solicitor will represent you throughout proceedings. We will work hard to secure the best possible compensation through negotiated settlements.
What evidence do I need to bring a fatal injury claim?
There are various types of evidence that will be needed to bring a fatal injury claim, as we will need to prove what happened and how the loss of your loved one has affected your family.
The type of evidence required in your claim will depend on the circumstances, though the coroner’s report is usually crucial. When someone has died in an accident, an inquest will usually be held by a coroner to investigate what happened and how this led to the person’s death. It won’t hold anyone liable, but the findings often provide important evidence in a fatal injury claim.
Other evidence is required to prove liability, whether your loved one endured any pain or suffering before they passed, and the extent of any dependency claims. This can include:
medical records
accident reports
witness statements
photographic or video evidence
financial records such as payslips, bank statements and contracts for services and receipts showing the financial contribution the person made to the household
How can Slater and Gordon support me through a fatal injury claim?
We understand that families need more than legal advice after losing a loved one. Our fatal injury solicitors combine legal expertise with a sensitive, compassionate approach. We explain each step clearly, avoid legal jargon and take time to understand what matters most to you.
Our role includes guiding you through processes such as the inquest, ensuring your questions are raised and helping you understand the findings. We investigate the circumstances thoroughly, working with independent experts and specialists where necessary. We negotiate directly with insurers and handle all communications so you can focus on supporting your family.
As one of the UK’s top consumer law firms, we have helped hundreds of families secure the justice and support they deserve.
Our specialists have received high rankings from reputable independent legal guides, such as Chambers and Partners and the Legal 500
Many of our fatal injury lawyers hold positions within the Association of Personal Injury Lawyers (APIL), including senior litigator and brain injury specialist.
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 pride ourselves on taking a holistic approach to every case that goes far behind legal support, and we work with every client to secure the support and compensation they deserve.
We work on a No Win No Fee basis, allowing you to seek justice without having to worry about the cost. It means you won’t have to pay a penny to start your claim, and you won’t owe us anything if your case is unsuccessful, so there is never any financial risk.
Frequently asked questions about fatal injury claims
Will there be an inquest into my loved one’s fatal injury?
Losing a loved one is extremely difficult and you may have to attend an inquest which can be very stressful and something you simply can't bring yourself to do. We can help and support you through the whole process as well as explain everything to you in as much detail as possible. Read more about inquests here.
Who can I talk to about bereavement?
We know from experience that money can seem unimportant at a time like this. We understand that you need support more than anything else when a loved one has passed on.
Please rest assured that when you talk to one of our specialist fatal injury solicitors, they'll be conscious of the need to get you the emotional support you need, just as much as whatever financial compensation you're entitled to receive.
Can I get support with probate?
Probate is the process of organising and distributing someone’s estate - their property, money, and possessions - after they’ve passed away. It’s the permission you need to administer someone’s will. As well as supporting fatal personal injury claims, we can provide all the relevant guidance and information to help you through the probate process. Read more about probate here.
Can I change my solicitors to Slater and Gordon?
If you've lost a loved one as a result of an incident, and you feel that you're not getting the specialist legal advice you need from your current solicitor, we'll be happy to discuss switching your case to Slater and Gordon. Simply call our experts on 0330 041 5869 or contact us online.
How are fatal injury claims valued in the UK?
The value of fatal injury claims can vary substantially, as the total amount of compensation due will depend on both financial and non‑financial losses.
The Fatal Accidents Act 1976 provides compensation for the following losses, each of which will be assessed and will form part of the claim value:
Loss of financial support to dependants
Claims by dependants for the deceased’s household services, such as gardening, house maintenance, etc
Claims by dependants for intangible loss of service (this is an extension of the loss of services claim which takes account for less tangible services, such as a parent caring for their children or a carer supporting an elderly relative)
Funeral expenses paid by the dependant(s)
Bereavement damages (this is only available to the deceased’s spouse or civil partner, and parents of children under the age of 18 who were not married/in a civil partnership)
Other losses can be claimed under the Law Reform (Miscellaneous Provisions) Act 1934, which will also form part of the claim value:
Compensation for any pain or suffering between injury and death
Financial losses the deceased incurred between the date of the accident and the date of death.
Funeral expenses paid from the deceased’s estate
Valuing fatal injury compensation is a detailed process, requiring expert evidence and careful assessment of each family’s circumstances. Our fatal injury lawyers work with experienced financial experts to ensure a realistic and fair valuation is presented.
What are the time limits for making a fatal personal injury claim?
In most cases, under the Limitation Act 1980, fatal personal injury claims must be brought within three years of the date of death or the date the family first became aware that negligence contributed to it.
There are some exceptions, particularly where the death involved medical negligence or where the person who could bring the claim lacks mental capacity.
Because evidence is easier to obtain close to the date of the accident and complex claims can take time to put together, it is always best to seek advice from fatal injury solicitors as soon as you feel able. Even if you believe the time limit has passed, we strongly recommend getting in touch with our specialist team so that they can assess whether an exception might apply.
Can I make a No Win No Fee fatal accident compensation claim?
Yes, you can. Most of the fatal accident compensation claims we pursue are done under a No Win No Fee agreement, also known as a Conditional Fee Agreement. You won’t have to pay a penny upfront to start your claim, and in the unlikely event your case is unsuccessful, you won’t have to pay any legal fees. If the claim succeeds, a capped percentage is taken from the compensation to cover legal costs.
Slater and Gordon is one of the UK’s leading firms specialising in No Win No Fee personal injury cases, and we will explain the agreement clearly and transparently, so you fully understand how it works before proceeding.
Can I get an interim payment for a fatal injury claim?
Interim payments may be paid by the defendant. This is usually once the defendant has accepted responsibility for the death. These payments can help cover immediate costs, such as funeral expenses or urgent household needs, without waiting for the claim to conclude. Your fatal injury lawyer will request an interim payment where appropriate and negotiate with the insurer to secure the support your family needs as soon as possible.
Will I have to go to court for a fatal personal injury claim?
It’s very unlikely that you will need to go to court as part of your claim. Most fatal personal injury claims are resolved through negotiation rather than a court hearing. We work hard to secure a fair settlement without the need for formal proceedings wherever possible. However, in rare cases, if the insurer denies responsibility or disputes the value of the claim, it may be necessary to issue court proceedings.
Even then, a full court trial is uncommon. Many cases settle before they reach this stage. If your claim does require a hearing, your fatal injury solicitors will be with you every step of the way, ensuring you feel supported, prepared and informed.
Will a claim affect any benefits I receive?
The impact on benefits depends on the type of compensation received and how it is held. Means‑tested benefits may be affected if compensation is paid directly into your account. Many clients choose to set up a personal injury trust, which allows the compensation to be held separately so that entitlement to benefits is not impacted.
Our fatal injury lawyers can provide guidance on how compensation may affect your personal circumstances and provide advice on setting up a trust to ensure your financial position remains protected.
Who pays the fatal injury compensation in a claim?
Fatal injury compensation is usually paid by the insurer of the party responsible for the death. This could be a motor insurer, an employer’s liability insurer, a public liability insurer or the NHS in cases involving medical negligence. The purpose of insurance is to ensure that those affected by negligence receive the support they need without the individual or organisation having to cover the costs personally.
How does the process work if the fatal injury happened abroad?
If the fatal injury happened outside the UK, the process can be more complex. The laws of the country where the death occurred may apply, and different time limits or compensation rules may be relevant. We have extensive experience in international fatal injury claims. We work with trusted overseas lawyers and specialist experts to ensure families receive clear advice on jurisdiction, applicable law and the steps required to pursue the fatal injury claim.
If you’ve lost a loved one in an accident abroad, we’re here to help. Speak to our team on 0330 041 5869 or get in touch online.
Can I claim on behalf of someone else?
Yes, if a deceased’s dependant is under the age of 18, or anyone entitled to bring a claim following the deceased’s death lacks the mental capacity to manage the claim themselves, they will require the support of a trusted loved one, to act on their behalf as their litigation friend.
Really helpful and always on the other side of the phone if needed. Quick and easy service. Ashley
Everything is moving along quickly and smoothly. Good professional service I'm glad I chose Slater and Gordon. Kenny Jackson