Fatal Accident Claims — Dependency and Bereavement Compensation
Last reviewed: June 2026 · EA Personal Injury Solicitors
If a relative died because of someone else's negligence, close family can claim under the Fatal Accidents Act 1976 for lost financial support and services, funeral costs and a fixed bereavement award of £15,120. The estate can separately claim for the deceased's own losses before death. Claims must usually start within three years of the death.
TL;DR — Quick Summary
Key Points
- Dependants and the estate of the deceased can bring claims after a fatal accident
- Claims can cover bereavement damages, loss of dependency, funeral costs and more
- Three-year time limit from date of death or date of knowledge
- Criminal proceedings and inquests do not prevent a civil compensation claim
- No win, no fee — if the claim succeeds, a success fee may be deducted from your compensation
The Legal Framework for Fatal Accident Claims
When someone dies due to the negligence of another, the law provides two routes for compensation. The Fatal Accidents Act 1976 allows certain dependants of the deceased to bring a claim for their own losses arising from the death. The Law Reform (Miscellaneous Provisions) Act 1934 allows the estate of the deceased to pursue a claim for losses accrued by the deceased before death — including any pain and suffering they endured.
Both types of claim can often be pursued together. The proceedings are typically brought by the personal representative of the estate — either the executor named in a will or the person granted letters of administration — on behalf of all eligible claimants.
Who Can Bring a Fatal Accident Claim?
Under the Fatal Accidents Act 1976, qualifying dependants include:
- Spouses, civil partners and cohabitees (if living with the deceased as husband, wife or civil partner for at least two years)
- Children of the deceased (including stepchildren)
- Parents and other ancestors
- Siblings, aunts and uncles
- Any person treated as a parent or child by the deceased
To claim loss of dependency, you must show you were financially or otherwise dependent on the deceased. A spouse who relied on the deceased's income, or children who depended on their parent's financial support and care, are the most common claimants.
Bereavement Damages
The 1976 Act provides for a fixed award of bereavement damages, currently set at £15,120. This is available to: the spouse or civil partner of the deceased; a cohabiting partner who lived with the deceased for at least two years before the death (added by the Fatal Accidents Act 1976 (Remedial) Order 2020); the parents of an unmarried minor; or the mother of an illegitimate child. The award is intended to provide some acknowledgement of the grief caused by the bereavement, though it cannot come close to reflecting the true loss experienced by families.
Loss of Dependency
Loss of dependency is often the largest element of a fatal accident claim. It seeks to compensate dependants for the financial support they would have received from the deceased throughout the remainder of their expected working life. This requires a careful analysis of the deceased's earnings, likely career trajectory, the claimant's dependency ratio, and the extent to which the deceased would have continued to provide financial support. Where the deceased also provided services — childcare, household tasks, DIY — the value of those services can also be claimed.
Quantifying dependency requires actuarial evidence, employment evidence and sometimes expert evidence on household services. We instruct appropriate experts so the dependency is fully valued.
Funeral Expenses
Reasonable funeral expenses are recoverable as a specific head of claim under the Fatal Accidents Act.
The Inquest
Where a death occurs in circumstances that may involve negligence, there will often be a Coroner's inquest. An inquest does not establish civil liability, but it can produce crucial evidence about the circumstances of the death. We can represent the family at the inquest and make sure the evidence gathered supports the civil claim.
Why Early Advice Matters
Early investigation preserves evidence: identifying witnesses, securing CCTV footage, and obtaining the accident report and medical records before they are lost or destroyed.
How We Support Bereaved Families
We understand that pursuing a legal claim is the last thing a bereaved family wants to think about. We take on the legal burden so that you can focus on your family. We work at a pace that suits you, explain everything clearly in plain English, and keep you updated at every stage. We also liaise with coroners, criminal investigators and other parties where necessary.
Typical Compensation Amounts
In fatal accident claims, compensation is made up of the statutory bereavement award, dependency claims for lost financial support, and funeral expenses. Dependency claims are often the largest element and depend entirely on the family's circumstances.
| Injury | Guideline bracket |
|---|---|
| Statutory bereavement award (England & Wales) | £15,120 (fixed) |
These brackets are a guide only — the value of your claim depends on the severity of your injury, your prognosis and your financial losses. We cannot promise or predict a specific outcome. See our full guide to compensation amounts or contact us for a free assessment of your claim.
No Win, No Fee Fatal Accident Claims
We act under a Conditional Fee Agreement. You pay nothing if the claim is unsuccessful. If the claim succeeds, a success fee may be deducted from your compensation.