Accident Claims Helpline - Fatal Accidents

By: Accident Claims Helpline | Posted: 15th September 2010

For many of us the loss of a family member can be a completely overwhelming experience. The immense grief and shock can make it difficult to cope especially if the loss adds financial strain to the family situation.

If the fatal accident occurred due to negligence of another party, making a fatal accident claim for compensation can help relieve the financial strain.

There are two main parts to the claim, the victim's claim and the dependents' claim

Victim's Claim
If the victim suffered physical or emotional pain or distress prior to their death due to negligence/ malpractice of an individual or company then you will be able to gain compensation for this. Compensation will also be awarded for the victim's financial loss between the time of the injury and their death.

Dependent's Claim
If you were dependent upon the victim for financial support, then you can make a claim for the loss of financial support, as long as the accident was the result of the wrong act or negligence of someone else.

Family members who can make such a claim include a child or person treated as a child, grandchild, parent or guardian, grandparent, brother, sister, aunt, uncle or child of brother, sister, aunt or uncle, husband, wife, former husband or wife and cohabiters living as husband or wife for at least two years.

As well as victims claims and the dependents claim there is also a separate statutory award for bereavement.

The statutory award for bereavement is a lump sum which increased from £10,000 to £11,800 for deaths after 1 January 2008.

In a successful fatal accident claim, this sum is payable by the negligent party to you following the death of a partner, spouse or child under 18. Even if the deceased had no claim for pre-death injury and there was no loss of income or benefits for dependants you could still be eligible.
Types of fatal accident

A fatal accident which leads to a compensation claim can occur in a number of different situations for example workplace accidents, car accidents or other road accidents, medical negligence, military accidents, aviation accidents and accidents abroad.

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