Wrongful Death

Wrongful Death and Bereavement Award

The Law Commission has looked into reforming the Fatal Accidents Act 1976 in their report: Claims for Wrongful Death (1997) Consultation Paper.  The harsh unfairness of the 1976 Act  is mirrored under the  the Criminal Injuries Compensation Scheme for bereavement award and has been criticised by the Criminal Injuries Compensation review.  The conclusion was that more family members should be entitled to claim in addition to increasing the amount of compensation.

Nevertheless, you must remember that as solicitors specialising in claiming back a bereavement compensation there are many other heads of damages that can be claimed so please contact us for further information.

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The Law Commission recommended that a bereavement award should be extended to:

  • Parent and child,
  • Same sex partners (this has now be made law),
  • Awards will be paid at £10K for a spouse and £5K each and all of the other family members to a maximum of £50,000.

But even here the compensation for a bereavement award is still too low.  The Law Commission reconcile that there is a misconception of the purpose of a bereavement awards, that his people think that it is the value of what society places on life.  That is not the purpose.  If not, the what is the purpose of it?  The law is and should be justice.  There is no justice and bereaved families across England and Wales are sadly being forced into financial difficulty and unnecessary stress when the need help at most in life.

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