How to claim compensation for a fatal accident

In this article, we explain how a family can legally claim compensation for the death of a loved one in the UK. Unfortunately, some accidents end tragically. In such moments, it is worth seeking the help of specialists.

---

In every personal injury case, it is necessary to establish who is responsible for the incident. It must therefore be determined whose negligence or actions led to the death of the injured person.

Who has the right to compensation?

The first in line are the spouses and children of the deceased. However, other people may also make claims, under certain conditions:

• former spouses,
• cohabiting partners,
• parents,
• persons treated by the deceased as parents,
• siblings, aunts, uncles.

Types of claims after the death of a loved one

The next of kin may receive a statutory bereavement award, which from 1 May 2020 is £15,120 for deaths after 1 April 2013. This amount is payable to the spouse, civil partner, or – if the deceased was under 18 and not married – their parents.

 

Additionally, dependants may make a so-called dependency claim, which includes:

• lost financial support,
• lost domestic services, e.g., help with housework or care,
• lost maternal support in raising children,
• funeral costs incurred by dependants.

The value of such claims requires a detailed analysis of the deceased's income and expenditure and their future career prospects. In the case of families living in Poland, an additional problem may be determining how long the deceased planned to stay in the UK and at what rates their future earnings should be calculated.

Additional benefits

• compensation for the deceased's pain and suffering before death,
• reimbursement of medical costs and lost earnings incurred between the accident and death.

If death was immediate, this element is not included.

Bereavement Support Payment

In the UK, you can also apply for a benefit related to the loss of a loved one. The system provides for two options:

• with children: a one-off payment of £3,500, followed by £350 per month for 18 months,
• without children: a one-off payment of £2,500, followed by £100 per month for 18 months.

Only widows, widowers, or civil partners can apply for this benefit. The application must be made within 3 months of the death.

Compensation cases in the event of death are complex and require extensive experience. The solicitors collaborating with AMS Solicitors have been handling such proceedings for years, understanding that the sudden loss of a loved one is a huge trauma and involves strong emotions.