Fatal Accidents — No Win No Fee

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

What Is the Statutory Bereavement Award?

Direct Answer: The statutory bereavement award in England and Wales is a fixed sum of £15,120. It is not calculated by reference to the closeness of the relationship or the circumstances of the death — every qualifying claim receives the same amount. It was raised from £12,980 by the Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020 with effect from 1 May 2020, and has not changed since.

Who can claim it

Eligibility is defined narrowly by section 1A of the Fatal Accidents Act 1976, and many bereaved people are excluded. The award may be claimed by:

• the spouse or civil partner of the deceased;
• a cohabiting partner who had lived with the deceased as spouse or civil partner for at least two years immediately before the death; or
• the parents of a deceased unmarried minor — the mother alone if the child was illegitimate.

Adult children cannot claim it for a parent, and parents cannot claim it for an adult child. That narrowness is long-criticised but remains the law.

One award per death

Only one bereavement award is payable in respect of a death, however many people qualify. Where both parents of a deceased minor claim, the single £15,120 is divided between them — they do not receive £15,120 each. This is one of the most commonly misunderstood points about the award.

How it sits alongside the rest of the claim

The bereavement award is usually a small part of the overall value of a fatal claim. The dependency claim — the loss of the financial support the deceased would have provided — is normally far larger. The award is fixed; the dependency is not.

Scotland is different. There is no fixed statutory bereavement award. Claims are made under the Damages (Scotland) Act 2011, which allows a wider class of relatives to claim and leaves the amount to the court rather than fixing it by statute. See no win no fee in Scotland.

What Is a 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.

How Is Services Dependency Calculated?

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