Fatal Accidents — No Win No Fee
When a person dies due to another party's negligence, their dependants can bring a fatal accident claim under the Fatal Accidents Act 1976. These claims are handled on a no win no fee basis and include a statutory bereavement award of £15,120.
What Are the Two Types of Fatal Accident Claims?
Direct Answer: Two claims arise when someone dies from negligence: a dependants' claim under the Fatal Accidents Act 1976 (for financial losses) and an estate claim under the Law Reform Act 1934 (for pre-death pain and suffering). Both can be brought on a CFA basis. The bereavement award is £15,120.
When a person dies due to negligence, two distinct claims may arise:
- Fatal Accidents Act 1976 claim — brought by the dependants for their own losses, including the dependency (loss of financial support) and bereavement award
- Law Reform (Miscellaneous Provisions) Act 1934 claim — brought on behalf of the deceased's estate for the deceased's own losses before death, including pain and suffering, medical expenses, and lost earnings
The Dependency Claim
The dependency claim is the most significant element of most fatal accident cases. It compensates dependants for the financial support they have lost and will lose in the future as a result of the death. The claim is calculated based on the deceased's earnings, minus a deduction for the deceased's own living expenses (typically 25%–33%). The multiplier-multiplicand method is used, with the multiplier taken from the Ogden Tables.
Services Dependency
In addition to financial dependency, dependants may claim for the loss of services the deceased provided — such as childcare, household maintenance, DIY, and gardening. These are valued at the commercial cost of replacing the services.
Common Scenarios
- Fatal road traffic accidents
- Fatal workplace accidents
- Death from clinical negligence
- Death from industrial disease (mesothelioma, asbestosis)
- Fatal accidents on defective premises