Fatal accident claims – The Law and processes for relatives and dependants of victims of fatal accidents

Fatal accidents vs serious injury?

The death of a loved one is never easy to handle, especially if they were a victim of a fatal accident.

The law is not particularly kind to victims of fatal accidents – comprising of the fatality themselves and their dependents.

In fact, it is often said that the damages payable are likely to be considerably higher when someone is left seriously injured rather than dead following an accident. However, if a claim is run properly there is no reason why damages recovered cannot be substantial, particularly where there is a dependency claim being made.

Applicable law for fatal accident claimants

Compensation for fatal accidents is determined by 2 acts: The Law Reform Act 1934 and The Fatal Accidents Act 1976.

The law Reform Act 1934 allows for the estate of the deceased to claim for losses up until death, the funeral and associated costs. Anyone who is the personal representative of the estate or the administrator can claim. Usually, this will be the spouse or partner of the deceased. Those losses can include damages for pain and suffering up until death if the deceased did not die instantly. As lawyers who specialise in this area, we can give guidance on what the appropriate award needs to be. However, the measure of damages here is the same as if someone has experienced pain and suffering and survives. Medical records are essential evidence for such a case.

The Fatal Accident Act 1976 allows for a special bereavement award to be paid to certain relatives of the deceased. The remit here is quite narrow, so, only the people listed below can claim up to a maximum of £15,120 (where this applies to multiple people, for example, the parents of a minor, this sum will be split equally between them).

• Spouses
• Common law spouses (must be cohabitating for more than 2 years)
• Civil partners
• Parents of a minor

This amount has been increased recently but nevertheless, a price such as this on someone’s life will still appear derisory to most.

However, the Act does also allow a much wider category of people to claim separately as dependants. This is an award reflective of what the deceased brought in as a “breadwinner” and contributed to the dependant for his or her household.

Often, it will be the same category of person who would claim under The Law Reform Act and for the bereavement award who can claim the dependency award but as long as the relative can show the deceased did, in some way or another, support them in their lifetime it will be a valid claim.

The way the calculation of damages is made is similar to a future loss of earnings claim i.e. the likely annual contribution per annum is calculated and then multiplied by the deceased’s lifetime.

However, a reduction is made for savings achieved by virtue of death e.g. the fact the dependant doesn’t need to pay utility and other costs as a saving. Typically, the formula is a 1/3rd reduction. It should be noted that however small the contributions may have been they can still be claimed.

A fatal accident claim case study

I recently settled a case where the deceased was a lady in her 60s. She was not working at the time of death and had not worked much of her life and was in receipt of state benefits.

She had 3 children in their 20s and used to give them some cash now and again but very intermittently whenever she could from her benefits. There was no proof of this just the children’s word but we prepared detailed witness statements for all of the 3 children and managed to obtain a dependency award of in excess of £40,000.

If proceedings are needed in court because an agreement cannot be reached it is necessary to show proof of Letters of Administration or Probate and all this should be obtained in good time. A claim issued in court without this will not be valid.

To summarise, the law is not necessarily fair when it comes to fatal accident claims. It can be seen by how many apparently valid potential claimants are excluded from claiming. For example, the bereavement award.

However, no one should be put off from claiming and with the right legal advice, a fair settlement can be achieved. Although if and when it becomes necessary to commence legal proceedings great care does also need to be taken.

How KLS Law can help you

At KLS Law, we have an expert team to deal with such cases, so if you are looking to make a claim we can guide you through the process and fight for a fair settlement. Get in touch today by enquiring through our online form or by calling 0800 015 1470.