Fatal Road Accident Claims
Compassionate support after losing a loved one
Losing someone in an accident that was not their fault is devastating. If a loved one has died because of someone else’s negligence, you may be able to make fatal road accident claims. Whether the accident happened on the road, at work or elsewhere, we can help you understand your legal options and handle your claim with care.
Regulated solicitors
Years' experience
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Who can make fatal road accident claims?
A close family member or someone who depended on the person who died may be able to make a claim if the accident was caused, at least in part, by someone else. This most often follows a road accident, but the same law applies whether the accident happened on the road, at work or elsewhere.
Those who may be able to claim include a spouse or civil partner, a partner who lived with the person for at least two years, children, parents and other dependants. In most cases there are three years to start a claim, and there is no need to make any decisions before you are ready. If you are unsure, our team can talk it through with you.
A claim cannot undo what happened, but it can help
No claim can make up for the loss of someone you love. However, fatal road accident claims can provide financial security for the people left behind, help cover funeral costs and other financial losses, and formally recognise that the death should not have happened.
We handle the legal side gently and keep you informed in plain English, so you can focus on your family. Your solicitor will explain what you may be entitled to and take on the process for you.
is the fixed bereavement award set by law in England and Wales for a spouse, civil partner, or the parents of a child under 18, on top of other losses such as loss of dependency and funeral costs.
Fatal Accidents Act 1976, deaths on or after 1 May 2020. Verify before publishing; Scotland and Northern Ireland differ.
How fatal road accident claims arise
The same law applies however the accident happened. Fatal road accident claims may be possible whenever another person’s negligence caused a fatal collision or incident.
Road accidents
The most common cause, including collisions caused by another driver’s speeding, carelessness or driving under the influence.
At work or in public places
Where an employer or an organisation failed to keep someone reasonably safe, and that failure led to a fatal accident.
Medical or other negligence
Where a death followed avoidable failings in care or another party’s negligence. We can tell you whether a claim is possible.
A claim is usually made against the person or organisation at fault, through their insurer. Tell us what happened and we will explain, gently, whether a claim may be open to you.
What can fatal road accident claims include?
A fatal road accident claim is not about putting a value on a life. It is about the practical and financial effects of the loss on the people left behind. The main parts of a claim are set out in the Fatal Accidents Act 1976.
Every claim is different, and what applies depends on your circumstances. Your solicitor will explain, clearly and without pressure, what you may be able to claim.
Where the person survived for a time before they died, a claim may also include the pain and suffering they experienced. Our solicitors will handle these sensitive questions with care.
- Loss of dependency, the income and support the family relied on
- The statutory bereavement award, for eligible family members
- Funeral expenses and related costs
- Loss of services the person provided, such as care or childcare
Evidence that supports your
fatal road accident claims
Clear evidence helps support fatal road accident claims by showing how the accident happened, who was responsible and how the loss has affected your family.
post-mortem report.
No win no fee fatal road accident claims
You can start fatal road accident claims without paying anything upfront, which matters at a time when the last thing you need is another financial burden.
If the claim succeeds, an agreed success fee is deducted from the compensation. Your solicitor will explain this clearly before you decide anything.
You will see the full terms in writing before your claim begins.
Frequently Asked Questions
Take your time, and ask us anything that is not covered here.
Who can make a fatal road accident claim?
Usually a close family member or someone who depended on the person who died. This can include a spouse or civil partner, a partner who lived with them for at least two years, children, parents and other dependants. A claim is often brought by the estate as well. If you are not sure whether you can claim, we can talk it through with you.
Who can claim bereavement damages, and how much is the award?
In England and Wales the bereavement award is a fixed sum of £15,120, set by the Fatal Accidents Act 1976 for deaths on or after 1 May 2020. It can be claimed by a spouse or civil partner, a partner who lived with the person for at least two years, or the parents of an unmarried child under 18. It is separate from, and in addition to, loss of dependency and funeral costs. Scotland and Northern Ireland have different rules.
How long do we have to make a claim?
In most cases there are three years from the date of death, or from when it became clear the death was caused by negligence. There is no need to make any decisions before you are ready. If time is short, or you are unsure, contact us and we will check the position for you.In most cases there are three years from the date of death, or from when it became clear the death was caused by negligence. There is no need to make any decisions before you are ready. If time is short, or you are unsure, contact us and we will check the position for you.
Does the at-fault driver's insurance pay?
For a road accident, compensation is usually paid by the insurer of the person who caused it. If the driver was uninsured or was never traced, a claim can be made through the Motor Insurers’ Bureau. We will identify who is responsible and deal with them for you.
Can we claim if there is an inquest or a criminal case going on?
Yes. A civil claim for compensation is separate from an inquest or a criminal prosecution, such as a case for causing death by dangerous driving. They can usually run alongside each other, and the findings from one can sometimes help another. We will explain how they fit together in your situation.
Do we have to go to court?
Most claims are settled without a court hearing. If a hearing is ever needed, we will prepare everything with you and support you through it. Our aim is to make the process as gentle as possible.
Check if you can make fatal road accident claims
If you would like to understand whether you can make fatal road accident claims, leave your details and our solicitors will contact you with no obligatio
- Free, no-obligation review
- No Win No Fee available
- SRA-regulated solicitors
Check if you can make a claim
Takes less than 60 seconds
We'll review your details and contact you within 24 hours
Other road traffic claims we handle
Talk to us when you're ready
Talk to us when you’re ready about fatal road accident claims. We’ll explain your options clearly and support you through every stage of the process.
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