Following the death of a loved one, a family may be faced with practical decisions at a time when they are least prepared to deal with them.

There may be a funeral to arrange, a death to register and an estate to administer. In some cases, there will also be unanswered questions about how the person died, whether an inquest will take place and whether another individual or organisation may have been responsible.

Most deaths do not result in legal proceedings. Nevertheless, obtaining early legal advice can be important where the death was sudden, unexpected or potentially avoidable.

This guide explains when a family might need legal advice after a death and the different issues with which a solicitor may be able to help.

When Should a Family Consider Obtaining Legal Advice?

A family should consider speaking to a solicitor where:

• The cause of death is unknown or disputed.
• The death has been reported to a coroner.
• An inquest is expected or has already been opened.
• There are concerns about medical treatment or a delayed diagnosis.
• The person died in an accident at work.
• The death followed a road collision.
• The death involved violence, a criminal offence or suspected unlawful killing.
• A public authority may have been involved.
• The deceased died in custody or while detained by the state.
• The family is having difficulty obtaining medical records or other evidence.
• The deceased financially supported a partner, child or another relative.
• There is uncertainty about a will, probate or who can represent the estate.
• A legal time limit may be approaching.

Seeking advice does not commit a family to bringing a claim. A preliminary consultation can simply help the family understand what is happening, what questions should be asked and whether any further action is necessary.

Can a Family Claim a Bereavement Award?

A statutory bereavement award is a fixed payment available to certain close relatives where a death was caused by another person’s wrongful act, neglect or default. Eligibility is restricted under the Fatal Accidents Act 1976 and currently includes a husband, wife, civil partner or qualifying cohabiting partner and, where the deceased was an unmarried child under 18, their parents. For deaths occurring on or after 1 May 2020, the award in England and Wales is £15,120. Where more than one person qualifies, the award may have to be divided between them. Our dedicated guide explains who can claim a bereavement award and how much may be awarded.

Has the Death Been Reported to a Coroner?

Not every death results in an inquest. However, a coroner must investigate where there is reason to suspect that the death was violent or unnatural, the cause is unknown, or the person died in custody or state detention.

The Government provides further information about when a death is reported to a coroner.

A coroner’s investigation may include obtaining medical evidence, arranging a post-mortem examination, gathering witness statements and holding an inquest.

An inquest is a fact-finding investigation. Its purpose is not to award compensation or determine civil or criminal liability. Depending upon the circumstances, however, the evidence examined during an inquest can be important in establishing how a death occurred and whether it could have been prevented.

Our guide explains what happens at an inquest hearing and when legal representation may assist a bereaved family.

When Might a Family Need an Inquest Solicitor?

A family will not require legal representation at every inquest. It may be advisable to obtain specialist advice where:

• The facts surrounding the death are disputed.
• A hospital, employer, police force, prison or public authority will be represented.
• There are several organisations or interested persons involved.
• Expert medical or technical evidence is required.
• The family wishes to challenge evidence or question witnesses.
• There are concerns about wider safety failures.
• The inquest may affect a related civil claim.
• The death may engage Article 2 of the European Convention on Human Rights.

Early involvement can allow a solicitor to consider the scope of the investigation, request relevant evidence and identify questions that the family may wish to have addressed.

The family should remain at the centre of the process. Legal representation is intended to help them understand the evidence and participate effectively—not to take their voice away.

Concerns About Medical Treatment Before a Death

A poor medical outcome does not necessarily mean that someone was treated negligently. Sadly, people can die despite receiving appropriate medical care.

Legal advice may nevertheless be appropriate where there are concerns about:

• A delayed or missed diagnosis.
• Failure to investigate serious symptoms.
• Delayed cancer treatment.
• A medication or surgical error.
• Failure to recognise sepsis or another life-threatening condition.
• Inadequate monitoring.
• Failures during maternity or emergency care.
• A patient being discharged when it was unsafe to do so.
• A failure to communicate test results.
• A hospital-acquired infection or avoidable deterioration.

A specialist solicitor can obtain and review the medical records, prepare a chronology and, where appropriate, seek independent expert evidence.

Families can find further information in our guide to fatal medical negligence claims.

Death Following an Accident at Work

A workplace death may lead to investigations by the police, the Health and Safety Executive, a local authority or the coroner.

Families may need advice where the accident involved:

• Unsafe machinery or equipment.
• A fall from height.
• A workplace vehicle.
• Inadequate training or supervision.
• Missing protective equipment.
• Exposure to asbestos or another hazardous substance.
• A failure to undertake a suitable risk assessment.
• Unsafe working practices involving an agency worker or contractor.

An employer may deny responsibility, or several organisations may have shared control of the workplace. It is therefore important to preserve documents and investigate who controlled the work being undertaken.

Our death at work claims guide explains the investigations and legal issues that may follow a fatal workplace accident.

Death Following a Road Collision

A fatal road collision may result in separate police, criminal, coroner and insurance investigations. These processes serve different purposes and do not always conclude at the same time.

Legal advice may help a family obtain and understand:

• The police collision report.
• Witness statements.
• CCTV or dashcam footage.
• Vehicle examination evidence.
• Medical and post-mortem evidence.
• The other driver’s insurance position.
• The effect of any criminal prosecution.
• The financial losses resulting from the death.

A civil claim does not necessarily depend upon the driver being convicted of a criminal offence. Civil liability is determined under a different legal test and standard of proof.

Further information is available in our guide to fatal car accident compensation.

Violence, Murder, Manslaughter or Unlawful Killing

Where a loved one has been killed through an act of violence, the family may have to deal with a criminal investigation, criminal proceedings, an inquest and questions about financial support.

Depending upon the circumstances, compensation might be pursued through:

• A civil claim against the person or organisation legally responsible.
• The Criminal Injuries Compensation Authority.
• An insurer or employer who is legally responsible for the offender’s actions.
• A claim involving a public authority.

An “unlawful killing” conclusion at an inquest is not essential before every civil fatal accident claim can proceed. Equally, the absence of a criminal conviction does not automatically prevent a civil claim.

Our guide provides more information about compensation following murder or manslaughter.

Is Probate Needed After a Death?

Probate concerns the legal authority to administer the deceased’s estate. It is separate from an inquest and from a dependant’s personal claim under the Fatal Accidents Act 1976.

Where the deceased left a valid will, the named executor may apply for a Grant of Probate. Where there is no will, an appropriate person may need to apply for Letters of Administration.

A grant may be necessary to pursue a claim belonging to the deceased’s estate under the Law Reform (Miscellaneous Provisions) Act 1934. The position can be different for claims brought by dependants under the Fatal Accidents Act 1976.

Under section 2 of the Fatal Accidents Act 1976, the action is ordinarily brought by the deceased’s executor or administrator. If there is no executor or administrator, or no such action has been brought within six months of the death, qualifying dependants may be able to bring the action themselves.

Where limitation is approaching, advice should be obtained immediately. In appropriate circumstances, it may be possible to seek a limited grant dealing specifically with the legal proceedings rather than waiting for the administration of the entire estate to be completed.

Our separate Grant of Probate guide provides further information. We can also introduce families to independent probate solicitors where estate administration advice is required.

What Financial Claims May Arise After a Fatal Accident?

Depending upon the circumstances and the relationship with the deceased, a claim may include:

• Financial dependency.
• Loss of pension income.
• Loss of household services.
• Childcare, domestic assistance and caring support.
• Funeral expenses.
• Losses incurred by the deceased’s estate.
• A statutory bereavement award for eligible relatives.

Financial dependency is not limited to the deceased’s wages. The practical services they provided—caring for children, maintaining the home, providing transport or supporting a disabled relative—may also have substantial value.

Our dependency claims guide explains who may qualify and the different forms of financial and services dependency that can be considered.

A separate estate claim may include losses incurred by the deceased between the injury and death.

Is There a Time Limit to Take Legal Action or Advice?

Many fatal accident and fatal medical negligence claims are subject to a three-year limitation period. The precise starting date and applicable rules will depend upon the circumstances.

Different time limits can apply to:

• Criminal injury compensation claims.
• Deaths and accidents abroad.
• Aviation and maritime claims.
• Claims involving children.
• Industrial disease and asbestos claims.
• Human rights claims.
• Claims where the cause of death was discovered later.

The existence of an inquest or criminal investigation does not necessarily stop the civil limitation period from running. Families should not wait for every other investigation to conclude before obtaining advice about time limits. The general rule is three years from the date of death but it can be earlier so do not delay.

What Information Should the Family Preserve?

Where questions remain about a death, it may help to retain:

• The death certificate and post-mortem report.
• Coroner correspondence.
• Medical letters and appointment records.
• Photographs, videos, CCTV or dashcam footage.
• Employment records and payslips.
• Pension and benefits information.
• Receipts for funeral expenses.
• Insurance correspondence.
• The deceased’s will.
• Evidence of financial support and household services.
• Names and contact details of potential witnesses.

Families should not feel that they must gather everything before speaking to a solicitor. Initial advice can help identify which evidence is genuinely relevant.

Confidential Legal Help for Bereaved Families

Most deaths will not involve a legal claim. Nevertheless, families should be able to obtain clear answers where a death was unexpected, potentially avoidable or caused by the actions of another person or organisation.

At R James Hutcheon Solicitors, we provide confidential, specialist advice concerning inquests and fatal accident claims arising from medical treatment, workplace accidents, road collisions, industrial disease and unlawful acts.

Where a family needs advice about probate or estate administration, we can signpost or introduce them to an appropriate independent solicitor.

An initial conversation is intended to help the family understand its options. There is no obligation to begin a claim.

For confidential guidance, please contact our fatal accident solicitors or telephone 01517 247121