Can I claim compensation for the death of my husband? Making a compensation claim under the Fatal Accidents Act 1976
The Fatal Accidents Act 1976 provides a legal framework for people to claim compensation following the wrongful death of a husband, wife, or loved one due to the negligence or wrongdoing of a third party. This piece of law primarily aims to support those who were financially dependent on the deceased and to offer some solace through ‘bereavement damages’. Understanding the legal process and the types of claim that can be made is crucial for ensuring that the rights of those tragically left behind are adequately protected.
Types of Fatal Accidents in Personal Injury Claims
Fatal accident claims can be made in various situations, including:
- Road Traffic Accidents: Collisions involving cars, motorcycles, bicycles, or pedestrians.
- Workplace Accidents: Incidents occurring in hazardous work environments, often due to unsafe practices or lack of proper safety equipment.
- Medical Negligence: Fatalities resulting from medical errors, misdiagnosis, or surgical mistakes.
- Public Liability Accidents: Accidents in public places, often due to poorly maintained premises.
- Product Liability: Deaths caused by defective or dangerous products.
Dependency Claims
Under the Fatal Accidents Act, dependents of the deceased have the right to claim compensation. Dependents are typically those who relied on the deceased for financial support. This includes:
- husbands, wives, and civil partners.
- Children, including adopted and step-children.
- Parents, grandparents, and other ascendants.
- Siblings, aunts, uncles, and other close relatives.
To make a dependency claim, it must be demonstrated that the claimant relied on the deceased for financial support, and this support has been lost due to the death.
Bereavement Damages
Bereavement damages are a statutory award given to specific relatives of the deceased as recognition of the grief and emotional suffering caused by the death. The fixed sum for bereavement damages is currently (as at August 2024) £15,120. The eligibility to claim bereavement damages is restricted to:
- The husband, wife, or civil partner of the deceased.
- Parents of a deceased minor (if the child was legitimate).
- The mother of a deceased minor (if the child was illegitimate).
This fixed sum is intended to acknowledge the emotional impact of the death, although many argue that it is not reflective of the true extent of the bereavement experienced.
Financial Losses
In addition to dependency claims and bereavement damages, claimants may seek compensation for other financial losses, which can include:
- Funeral Expenses: Costs associated with the funeral and burial or cremation.
- Loss of Services: Compensation for the loss of services provided by the deceased, such as childcare, housekeeping, and maintenance.
- Loss of Prospective Inheritance: Potential loss of inheritance due to the premature death of the deceased.
- Loss of Income: Calculating the potential future earnings of the deceased that would have benefited the dependents.
No Win No Fee Funding
We handle fatal accident claims on a no win – no fee basis. This arrangement means that you will not be required to pay any legal fees upfront and if your claim is unsuccessful, you will not owe any legal fees. If your claim is successful, we will seek payment from the other party, and only any shortfall will be deducted from the compensation awarded, ensuring you receive the maximum possible amount.
How We Can help
Navigating a claim under the Fatal Accidents Act 1976 can be complex and emotionally challenging. It is essential to seek expert legal advice to ensure that all potential claims are fully explored and the maximum compensation is claimed. Our law firm is committed to providing compassionate and comprehensive legal support, ensuring that the rights and needs of the bereaved are upheld during such difficult times. With our no win – no fee scheme, you can pursue justice without financial risk, allowing you to focus on what truly matters.
