Estate Claims After a Fatal Accident

What the Estate Can Claim

Direct Answer: Where the deceased could have sued at the time of death, the claim survives under the 1934 Act, and the estate can recover losses up to the date of death together with funeral expenses.

If the person lived for a period after the accident, the claim includes pain, suffering and loss of amenity during that time, medical and care costs, and loss of earnings up to death. If death was immediate there is usually little to claim under the estate, beyond funeral expenses, and the main claims are those of dependants. Any recovery forms part of the estate and passes under the will or intestacy rules.

Who Brings the Claim

The personal representative, either the executor named in the will or an administrator appointed by the court, has the right to bring the estate's claim. Where no grant of representation has yet been obtained, that step is often the first legal task, and it is worth taking early advice so the limitation period is not missed.

Funeral Expenses

Reasonable funeral costs can be claimed, either by the estate or by whoever paid. Keep the funeral director's invoice and proof of payment. Claims for excessive or unusual expenses may be challenged as unreasonable.