Key Facts About the Bereavement Award
The bereavement award is a fixed statutory payment available in England and Wales to certain relatives after a death caused by another person’s wrongful or negligent act. The current bereavement award is £15,120 for deaths on or after 1 May 2020.
- Current amount: £15,120 in England and Wales.
- Who can claim: A spouse, civil partner, qualifying cohabiting partner, or parent of a child under 18 in limited circumstances.
- Is it the whole claim? No. A wider fatal accident claim may also include dependency losses, funeral expenses and estate claims.
- Time limit: Claims are usually subject to a three-year limitation period, depending on the date of death or date of knowledge.
This guide to the bereavement award was written and reviewed by specialist solicitors at R James Hutcheon Solicitors, authorised and regulated by the Solicitors Regulation Authority (SRA number: 630314). All information applies to England and Wales unless stated otherwise. We last reviewed and updated this guide on 4th June 2026.
For more information on the statutory bereavement award, please don’t hesitate to get in touch.
How to claim — What is the award? — Who can claim? — Who cannot claim?
Unmarried partner — Unjust law — Criminal Injuries Compensation — Bereavement Support Payment
Widow’s Parent Allowance — APIL reforms — Our press coverage — Other countries
Clinical negligence — Jack’s Law — Contact Us — Key Terms — Useful Links
How to Claim the Bereavement Award
We are a UK law firm specialising in fatal accidents and helping loved ones claim bereavement damages. If you are eligible for the bereavement award, we can work with you from start to finish to help you receive the compensation you deserve.
The first step in securing damages is to contact a specialist firm such as ours. You can inform us about your situation, and we will offer support and advice. Our solicitors will assess your eligibility and advise whether or not you are likely to succeed with a claim. If a claim is possible, you can then instruct us to handle it on your behalf based on a no-win, no-fee scenario.
The next step is to gather all necessary information that will strengthen your entitlement to bereavement compensation. Documents can include the death certificate, identification, and proof of your relationship to the deceased. We will make it very clear what information is needed and will help you secure the required documents, reducing the stress on your part. Our solicitors will complete the application, ensuring all relevant information and documents are included.
After you have submitted an application for the bereavement award, we will keep you updated on its progress and be on hand if you have any questions or need further support. Applications are usually completed within three months, after which payment will be delivered to reduce your financial burden.
We know just how vital bereavement damages are to support a family through the sudden and devastating loss of a loved one. As experts in this area, you can rest assured that our solicitors can answer any questions, including an estimated death compensation calculation. With our vast experience, we are highly confident in securing your bereavement compensation.
To start your bereavement claim, please click the button below and fill out your contact details. Our friendly solicitors will then reach out to you to discuss your situation. Please be aware that this part of the process is entirely no-obligation – we are happy to advise before you choose us to represent you. If you appoint us as your solicitor, we will work on a no-win-no-fee basis, so you only pay our fees if your case is won.
What Is the Bereavement Award?
A bereavement award under the Fatal Accidents Act 1976 is a personal injury compensation claim made following the unlawful death of a person involved in an accident or illness at work due to the fault of another. Statutory bereavement damages of £15,120 are awarded in successful claims at court.
The most common allegation that a claims solicitor will argue against the defendant will be under the tort law of negligence. Damages are paid where you may hear the words ‘unlawful killing’ or where the death occurred due to a criminal offence, such as murder.
Who Can Claim for Bereavement Damages?
Are you wondering who can claim bereavement damages? To claim, specific criteria must be met. You must be a spouse, civil partner or parent if the child is under 18. Unmarried couples who have been together for at least two years are also included.
Who Cannot Claim the Bereavement Award?
There are also situations where people are unable to claim bereavement damages. This includes children who’ve lost a parent, parents who’ve lost a child over 18, and sibling loss. Grandparents and grandchildren are not entitled.
Can an Unmarried Partner Claim?
To qualify for the bereavement award when unmarried, the surviving partner must have been living with the deceased for a continuous period of at least two years immediately before the death in a relationship comparable to a husband and wife or civil partnership. This requirement is set out under the Fatal Accidents Act 1976 and remains narrowly defined.
In practice, this means the court will look beyond the emotional relationship and consider whether there was a settled and committed domestic arrangement, including shared living arrangements and financial interdependence.
However, many genuine relationships still fall outside the scope of the legislation due to the rigidity of the two-year cohabitation requirement. This continues to be an area of legal criticism and reform debate.
As the law currently stands, a statutory bereavement award following a fatal accident claim can only be made to:
- The wife or husband of the deceased
- The civil partner of the deceased
- Where the deceased was a minor who was never married or had a civil partner (a minor here is classed as under the age of 18 years old at the time of death), to his or her parents if he or she was legitimate, or to his or her mother, if illegitimate
Examples of an Unjust Law
Here are some examples of why the bereavement award is an unjust law:
- In the death of an illegitimate child (under 18 years), the mother receives bereavement entitlement while the father gets nothing. But as the law stands, even if the father was entitled to an award, both parents would have to share it; thus, they would receive £7,560 each for the pain, grief and suffering. Somehow, the death compensation will mean, perhaps, that to reflect society, the parents’ shared suffering means they share the award? There is no logical conclusion other than penny-pinching.
- If an adult child (18 years plus) were killed in a road accident, the parents would receive nothing. Yet if the child was 17 years and 364 days old at the time of the accident, the parents would receive the full bereavement compensation. But, as we have said before, that is still an insult, and the parents would have to share it.
- In the death of a parent, for some unknown reason, a child receives absolutely nothing for the death of her/his mother or father. Maybe the lawmakers at the time thought that if both parents died in a fatal road accident, it would mean the children would be over-compensated because the insurance company for the person at fault would have to pay two awards. Therefore, for whatever reason, a child losing his/her parent(s) gets absolutely nothing. It is not right.
- When a child sustains fatal injuries whilst under 18 but dies when over 18 years, no bereavement damages are entitled. Can you believe it? No award is payable thanks to the case of Dolema v Deakin (1990).
What About Criminal Injuries Compensation?
If someone has died due to a violent crime, a qualified family member may claim death compensation on behalf of the deceased via the Criminal Injuries Compensation Authority (CICA). Compensation under this government scheme is separate from the bereavement award. Whereas the bereavement award provides a fixed statutory sum for wrongful death, claims made through CICA can vary and require the accident to have involved a violent crime that has been reported to the police. These claims may recover several types of damages, including a bereavement payment, a child’s payment, a dependency payment, and a funeral payment.
A child may claim if they were receiving parental care at the time of their parent’s death – this applies even if they are over 18. If a spouse or civil partner was financially dependent on the deceased, they are eligible to claim, but won’t be able to claim for a bereavement award.
Claiming for the loss of life from a criminal injury is determined by several factors based on the impact it has had on their relative’s life. This may include financial dependency, caring dependency and funeral expenses. A UK death compensation calculation will consider multiple elements to determine how much you should be awarded.
Criminal Injuries Compensation
What Is the Bereavement Support Payment?
The Government scheme may help families who have lost a loved one, but it has been heavily criticised when it was updated recently, as families, especially with children, are said to be losing out.
A benefit is called a Bereavement Support Payment and is payable if a husband, wife or civil partner died on or after 6 April 2017.
If that is the case, then the following must be met:
- Paid National Insurance contributions for at least 25 weeks
- The death was caused by an accident at work or a disease caused by work
- Be under the State Pension age
- Be living in the UK or a country that pays bereavement benefits
What Is the Widow’s Parent Allowance?
A Government scheme may also pay you an additional amount under what is called the Widowed Parent’s Allowance if:
- Husband, wife or civil partner died before 6 April 2017
- Under State Pension age
- Entitled to Child Benefit for at least one child, and your late husband, wife, or civil partner was their parent
- The late husband, wife or civil partner paid NI contributions, or they died as a result of an industrial accident or disease
The Government website also says that you may also claim WPA if you’re pregnant and your husband has died, or if you’re pregnant after fertility treatment and your civil partner has died. The compensation is based on how much your late husband, wife or civil partner paid in National Insurance contributions, and there is a maximum amount that can be paid per week.
The APIL Is Pushing for Reforms
The Association of Personal Injury Lawyers (APIL) is an organisation comprising thousands of solicitors. The group aims to help those affected by personal injury accidents in various ways, including through campaigns that make a difference, improving legal standards, and supporting victims in their fight for justice. The APIL has consistently led the charge on plans to change the law and ensure a fairer bereavement award. At an All-Party Parliamentary Group (APPG) meeting in 2024, APIL said that the current bereavement damages are insufficient.
Lorraine Gwinnutt, head of campaigns and communications at the APIL, asked the question, “Why should it be cheaper to kill someone negligently in Manchester, Birmingham, and London than it is in Glasgow, Aberdeen, and West Lothian?” The APIL believes the system in Scotland should be replicated in other parts of the United Kingdom.
In an article in November 2024, the APIL expanded on their reasoning, declaring that the law must ‘recognise modern family life’. They note that the law was made 40 years ago and still excludes several relatives, including adult children, grandparents and unmarried fathers. The APIL is pushing to modernise the law to recognise how modern families work. The law in Scotland is more flexible, recognising the closeness of different families, so more people are eligible for compensation and payouts are made on a case-by-case basis rather than on a fixed amount.
Our Coverage in the UK Media for Bereavement Compensation
As experienced solicitors in this area of law, we have sadly dealt with several cases over the years involving bereavement award damage claims. While in an ideal world we wouldn’t see any wrongful death caused by malicious or negligent behaviour, the sad fact is that this is impossible. Nevertheless, we are fully dedicated to helping families recover from their loss in any way possible.
We are not afraid to stand up for what we firmly believe to be right. That is why we have consistently been vocal in our disagreement over the bereavement award in its current form. It does not provide adequate compensation for bereavement and is far too restrictive in its eligibility criteria.
We have regularly spoken to the UK media regarding these issues. One of our more publicised cases involves the tragic story of Megan Storey and Jordanna Goodwin, as reported by the Daily Mail and The Times. These two young girls died following a fatal road accident in South Yorkshire in 2014. We worked on behalf of the girls’ parents to fight the injustice of the system, including the launch of an e-petition requesting that the statutory bereavement award amount be increased.
How Do Other Countries Handle Bereavement Damages?
As we’ve covered in this guide, in England and Wales, bereavement damages are unusually limited and restrictive, providing a small fixed amount to a narrow category of relatives. This rigid approach has long been criticised for undervaluing grief and excluding many close loved ones who are deeply affected by a loss. Other countries, however, take different paths. Some countries set statutory caps; others allow courts to award higher, more flexible sums; and others assess compensation as part of a wider wrongful death claim.
- USA: Varies by state and typically forms as part of a wrongful death claim. Compensation isn’t fixed and can run into millions. Surviving family members may be able to claim for economic dependency, loss of consortium, companionship, and mental anguish.
- France: Relatives can claim for loss of affection/companionship (prejudice d’affection) where a judge will award damages on a case-by-case basis.
- Canada: Some provinces, such as Ontario, typically allow “Family Law Act damages” for the loss of care, guidance, and companionship. A judge will set the amount, which can range from CAD $25k to $100k per claimant.
- Ireland: Provides a statutory “solatium” capped at €35,000 in total, divided among eligible relatives. This model is pretty close to the UK model, but with wider distribution.
- Singapore: Offers statutory fixed bereavement damages under the Civil Law Act, with prescribed amounts.
- Spain: Has a statutory “Baremo” system that sets detailed compensatory bands for relatives based on factors such as kinship, the claimant’s age, and the deceased’s age.
Clinical Negligence
There are several scenarios that make someone eligible for bereavement damages. As we have already made clear in this guide, to make a claim, the claimant should meet the specified criteria regarding their association with the deceased. Obviously, a claim can only be made if someone has sadly died. Furthermore, bereavement claims are only possible if the death is ruled to have been unlawful due to someone else’s actions.
In terms of how the death came to be, there are multiple circumstances that can contribute to it being unlawful or negligent. Murder, for instance, is a clear attempt to end someone’s life, resulting in emotional pain and financial struggles for the deceased’s close relatives. Clinical negligence is another important circumstance that can lead to a bereavement award. With a clinical negligence claim, the deceased’s death will have been caused by the negligence of a medical professional. If a patient dies as a result of misdiagnosis or incorrect treatment, then this will be classed as clinical negligence. A bereavement award can be awarded when clinical negligence is proven. A good example of this is the Jakki Smith case that we mentioned above. Mrs Smith’s husband had a tumour removed, which resulted in an infection that was not picked up by medical professionals.
Jack’s Law and Bereavement Leave
Some good news from the Government regarding bereavement leave being put into law. Working parents who lose a child are entitled to two weeks’ statutory leave under the new legal right, known as Jack’s Law.
The law is named after 23-month-old Jack Herd, who tragically lost his life in 2010 after drowning in a pond. His father returned to work just a mere three days after Jack’s death, whilst Jack’s mother, Lucy Herd, began a campaign to highlight the problems facing bereaved parents who previously were expected to return to work as quickly as possible.
Some good out of something so tragic. Two weeks is helpful, but most employers would provide this anyway.
For further reading, please read our blog about Jack’s Law and bereavement leave.
Contact Us
Are you looking to claim bereavement damages for the death of a family member? Please feel free to contact our specialist fatal accident solicitors for guidance and advice. We will be pleased to help you, even if it is just a query, rather than making a claim for a fatal accident.
Definition of Key Terms
We understand that the terms surrounding the bereavement award and claiming fatal accident compensation can be complicated, which is why we have created the following glossary to explain some key terms.
- Bereavement Award: A statutory compensation claim awarded to eligible family members in the event of the unlawful death of a loved one.
- Unlawful Killing: A verdict delivered at an inquest which finds that a death has been caused without lawful excuse.
- Bereavement Support Payment: A welfare benefit provided to people who have lost a husband, wife or civil partner.
- Dependency Claim: A form of bereavement compensation that recognises the loss of support and services that a person benefited from before the death of a loved one.
- Remedial Order: An order made under the Human Rights Act 1998 to amend legislation that is incompatible with the European Convention on Human Rights.
- Inquest Hearing: This is an important part of the claim process. Inquest hearings are held by a coroner to establish the cause of death. Claims can only be made where the death is judged to have happened unlawfully or due to someone else’s negligent actions.
- Jack’s Law: A new piece of legislation that provides parents with two weeks of paid bereavement leave following the death of a child.
- No Win, No Fee: Claimants are only required to pay solicitor fees if they win their case and not if their case is unsuccessful.
- Clinical Negligence: A legal term describing a situation in which a person has suffered injury or harm as a result of medical negligence. For example, a patient may have received an incorrect diagnosis or medical treatment, or the medical professional may have made a mistake during a procedure. Clinical negligence compensation claims can arise when a medical professional has acted negligently in the care of a patient.
- Bereavement Damages: Bereavement damages are a form of compensation awarded following an unlawful death. The terms ‘bereavement award’ and ‘bereavement damages’ are used interchangeably as they typically refer to the same thing.
Useful Links
- Compensation Rates
- Wrongful Death Claims
- Awards in Scotland
- Who Cannot Claim?
- Who Is Entitled?
- Petition to Increase the Award
- Compensation for Murdered Relative (CICA)
