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Inquests and Fatal Accident Claims

England & WalesLast reviewed 18 September 2026

An inquest is a public inquiry by a coroner into who died and how, when and where. It does not decide who is legally at fault or award compensation, but it produces evidence that is often valuable for a separate fatal accident claim.

What an Inquest Does

Direct Answer: Under the Coroners and Justice Act 2009, a coroner investigates to establish who the deceased was and how, when and where they died, and records a conclusion, such as accident, misadventure, unlawful killing or a narrative conclusion.

An inquest is not a trial, and a conclusion does not decide civil liability. It can nevertheless bring out facts, obtain records, hear witnesses and result in a coroner's report to prevent future deaths, all of which can help a compensation claim.

Rights of Families

Families are properly interested persons in an inquest and can ask questions of witnesses, either personally or through a lawyer. Legal aid for representation at an inquest is limited and generally only granted in exceptional cases, so many families rely on a solicitor acting under a no win no fee arrangement in the connected civil claim, or on charities and pro bono help.

Timing With the Civil Claim

A civil claim does not have to wait for the inquest, but its evidence is often used. The three-year limitation period runs from the date of death, not from the inquest, and inquests can take a year or more, so do not assume the deadline is paused.

Frequently Asked Questions

What is an inquest?

A public inquiry by a coroner into who died and how, when and where, held for sudden, unexplained, violent or unnatural deaths, and some others such as deaths in custody.

Does the inquest decide who is to blame?

No. The coroner does not decide civil or criminal liability. But the evidence, and the conclusion, can be important in a later compensation claim.

Can the family question witnesses?

Yes, as properly interested persons, personally or through a lawyer, subject to the coroner's control of proceedings.

Is legal aid available for an inquest?

Only in limited circumstances, generally through exceptional case funding. Ask a solicitor whether an application is possible in your case.

Does the time limit stop while we wait for the inquest?

No. The three-year period for a fatal accident claim runs from the date of death or knowledge, not the inquest date, so take advice 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.

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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 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. Coroners and Justice Act 2009

    Governs coroners' investigations and inquests in England and Wales. An inquest establishes who died, and how, when and where, and does not decide civil or criminal liability.

  5. Fatal Accidents Act 1976

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

  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.