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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Loss of Dependency Claims

England & WalesLast reviewed 18 September 2026

A loss of dependency claim compensates dependants for the financial support and services they would have received from the deceased if they had lived. It is separate from the fixed bereavement award and is often the largest part of a fatal accident claim.

Who Counts as a Dependant

Direct Answer: Under section 1 of the 1976 Act, dependants include a spouse or former spouse, civil partner, a person who lived with the deceased as a partner for at least two years, children and other descendants, parents and other ascendants, and siblings, uncles, aunts and their children.

You must show that you actually depended, wholly or partly, on the deceased, financially or through services, or would have done so. A claim by an adult relative depends on evidence of real support given.

How the Loss Is Calculated

The court estimates the annual amount the deceased would have contributed to the dependants, often based on their net earnings less a proportion they would have spent on themselves, plus the value of services they provided such as childcare or household maintenance. That yearly figure is multiplied by a number of years reflecting the expected length of the dependency, adjusted for the possibility of early death or retirement, and future losses are adjusted using the Personal Injury Discount Rate, currently +0.5%.

Evidence

Useful evidence includes payslips, tax returns, bank statements showing household contributions, pension details and evidence of services such as childcare, care of family members or DIY. An accountant or employment expert may be instructed for complex cases such as self-employed earnings.

Frequently Asked Questions

Who can claim for loss of dependency?

Certain relatives who depended financially or through services on the deceased, including spouses, civil partners, long-term cohabitees, children and parents, as set out in section 1 of the Fatal Accidents Act 1976.

Can I claim for the loss of services, not only money?

Yes. The value of services such as childcare, cooking, DIY and caring is claimable and can be a significant part of the loss, particularly where the deceased was a full-time parent or carer.

What if the deceased was a child?

Parents rarely have a dependency claim for a young child, although they can claim bereavement damages and funeral costs. Dependency claims are more relevant where the deceased supported others.

How is the amount decided?

By estimating the yearly loss of support and services, multiplying by a period reflecting the likely length of the dependency, and adjusting future sums using the discount rate.

Does it matter if I receive benefits or insurance?

Some benefits and insurance payouts, such as life insurance and certain pensions, are disregarded when assessing the loss, but the rules are detailed, so take advice about your particular payments.

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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Bereavement Damages Claims

The fixed bereavement award and who can claim it

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Estate Claims After a Death

Claims that survive for the deceased's estate

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Road Traffic Accidents

Fatal road traffic claims

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What Is No Win No Fee?

How CFAs work in England and Wales

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More guides on this topic

Inquests and Fatal Accident Claims

An inquest is a public inquiry by a coroner into who died and how, when and where.

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.1 (right of action for dependants)

    Allows dependants to claim, for their financial loss, where a death was caused by a wrongful act that would have entitled the deceased to sue. Dependants include spouses, civil partners, long-term cohabitees, children, parents and certain other relatives.

  6. Ministry of Justice — Personal Injury Discount Rate (England and Wales) · in force from 11 January 2025

    The rate is +0.5% from 11 January 2025, replacing the former -0.25% rate.

  7. 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.