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Bereavement Damages Claims

England & WalesLast reviewed 18 September 2026

Bereavement damages are a fixed sum, currently £15,120, paid to close family members after a death caused by someone's negligence in England and Wales. Only certain relatives can claim it, and where several people qualify the sum is shared equally between them.

Who Can Claim

Direct Answer: Section 1A of the Fatal Accidents Act 1976 limits bereavement damages to the deceased's husband, wife or civil partner; a cohabiting partner who lived with them for at least two years as if married; and, if the deceased was an unmarried minor, their parents.

Other family members, such as adult children or siblings, cannot claim bereavement damages, although they may qualify as dependants for financial loss. Special rules apply to the parents of a child born outside marriage, so take advice on the position for your family.

Since October 2020, cohabiting partners who satisfied the two-year test can claim, following a remedial order made after a court found the previous law incompatible with human rights.

How Much and How It Is Shared

The sum is £15,120 for deaths from causes of action arising on or after 1 May 2020, and is a set amount rather than an assessment of the family's loss. Where more than one person qualifies, for example both parents of a deceased minor, the sum is divided equally between them.

How It Fits With Other Claims

Bereavement damages are one part of a fatal accident claim. Dependants can also claim for lost financial support and services, and the estate can claim funeral costs and, where the person survived for a time, losses before death. Together these make up the overall value of a claim.

Frequently Asked Questions

How much is the bereavement award?

£15,120 for causes of action arising on or after 1 May 2020, under section 1A of the Fatal Accidents Act 1976.

Who can claim bereavement damages?

A husband, wife or civil partner; a cohabiting partner who lived with the deceased for at least two years; and the parents of an unmarried minor who died. Other relatives cannot claim this specific award.

Can an unmarried partner claim?

Yes, if they had lived with the deceased in the same household for at least two years immediately before the death as if married or in a civil partnership.

What if two people qualify?

The award is divided equally, for example between both parents of a deceased child.

Does bereavement damages depend on the child's age or the relationship?

It depends on whether the claimant is in a listed category and, for parents, on the deceased being an unmarried minor. Circumstances such as parents who were not married need specific advice.

How long do we have to bring a claim after a death?

Generally three years from the date of death or, if later, from the date the claimant first knew that the death was attributable to someone's negligence. Where the person survived for a time after the accident, their own injury claim's limitation date may also matter. Do not delay, since evidence and witnesses are easier to secure early.

Can a fatal accident claim be brought on a no win no fee basis?

Usually, yes. Most solicitors handle fatal accident claims under a Conditional Fee Agreement, so the family pays no solicitor fees if the claim fails, and a success fee capped at 25% of general damages and past losses is taken from damages if it succeeds. Ask how dependency and estate elements are treated, as the cap applies to specific parts of the award.

You May Also Be Interested In

Fatal Accidents

Claims following a death caused by negligence

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Loss of Dependency Claims

Compensation for lost financial support and services

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Estate Claims After a Death

Claims that survive for the deceased's estate

Read more

Inquests and Fatal Accident Claims

How an inquest relates to a compensation claim

Read more

What Is No Win No Fee?

How CFAs work in England and Wales

Read more

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Fatal Accidents Act 1976

    Applies in England and Wales. Does not extend to Scotland.

  5. Fatal Accidents Act 1976, s.1A (bereavement damages)

    A fixed sum of £15,120 (for causes of action from 1 May 2020) payable to the spouse or civil partner, a cohabiting partner of at least two years, or the parents of a deceased unmarried minor child, divided equally where there is more than one claimant.

  6. Limitation Act 1980, s.12 (actions in respect of death)

    Three years from the date of death or, if later, the date of knowledge of the person for whose benefit the action is brought.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.