Compensation for the Death of a Family Member

When a family member dies because of another person or organisation’s negligence, the emotional consequences cannot be measured in money. Nevertheless, the death may also remove income, care, childcare and practical support upon which a family depended.

Compensation cannot replace a loved one. Its purpose is to hold the responsible party accountable and, as far as money can, protect the financial position of those left behind.

Claims in England and Wales are principally governed by:

the Fatal Accidents Act 1976, covering losses suffered by eligible dependants following the death; and
the Law Reform (Miscellaneous Provisions) Act 1934, preserving certain claims that belonged to the deceased before death.

These are separate but related claims and are frequently pursued together.

When can compensation be claimed following a death?

A claim may be possible where the death resulted from another party’s wrongful act, neglect or default.

Examples include:

a fatal road accident;
an accident resulting in death at work;
clinical or medical negligence;
asbestos exposure or another industrial disease;
an accident on dangerous premises;
a defective product;
inadequate care or safeguarding;
murder, manslaughter or another unlawful killing; and
an accident abroad, although different jurisdictional and time-limit rules may apply.

A criminal conviction is not required for an ordinary civil claim. The central issue is whether another person or organisation was legally responsible for causing the death.

What compensation can be claimed?

Compensation following a death may contain several different elements:

A claim on behalf of the deceased’s estate.
Financial dependency compensation.
Compensation for the loss of services.
The statutory bereavement award.
Funeral expenses.
Other expenses directly connected with the death.

The available compensation depends upon the circumstances. Not every claimant will qualify for every part of the claim.

1. The deceased’s estate claim

Under the Law Reform (Miscellaneous Provisions) Act 1934, a claim the deceased could have pursued before death generally survives for the benefit of their estate.

Depending upon the evidence, the estate claim may include:

compensation for pain, suffering and loss of amenity between injury and death;
earnings lost before death;
medical, care and treatment expenses;
travel and other reasonable expenses;
damage to personal belongings; and
funeral expenses where they were paid by the estate.

The estate claim is normally brought by the deceased’s executors or administrators. A Grant of Probate or Letters of Administration may therefore be required.

Where death occurred immediately, there may be little or no conscious pain and suffering. Where the deceased survived for weeks, months or years following the negligent event, this part of the claim can be considerably more significant.

2. Financial dependency compensation

The Fatal Accidents Act allows eligible dependants to claim for financial benefits they would probably have continued to receive had the deceased lived.

Financial dependency may include:

the deceased’s wages or self-employed earnings;
contributions towards rent, mortgage payments and household bills;
pension income and pension benefits;
financial support for children;
regular payments to parents or other relatives;
savings or investments that would probably have benefited the family; and
other continuing financial contributions.

The calculation is not simply based upon the deceased’s entire income. An allowance must normally be made for money the deceased would have spent personally. Future losses must then be assessed by considering matters such as likely earnings, career progression, life expectancy, pension provision and the probable duration of the dependency.

Our dependency compensation guide explains this part of a fatal accident claim in greater detail.

3. Loss of services

A person can support a family through time and care as well as money. The value of those services may form an important part of the claim.

Recoverable services can include:

childcare and school journeys;
cooking, cleaning and laundry;
shopping;
care provided to a spouse, child or disabled relative;
gardening and home maintenance;
DIY and decorating;
transport;
household administration; and
other regular practical assistance.

The loss is usually valued by considering the commercial cost of obtaining replacement services, with appropriate adjustments where required.

In many families, the services dependency claim can be as important as the loss of earnings. This is particularly true where the deceased was a primary carer, worked reduced hours to support the family or provided substantial unpaid assistance at home.

Who qualifies as a dependant?

The legal definition of a dependant is wider than the expression “next of kin”. However, a person must fall within one of the statutory categories and usually demonstrate an actual financial or services dependency.

Potential dependants include:

a husband or wife;
a former husband or wife;
a civil partner or former civil partner;
a qualifying cohabiting partner;
children and other descendants;
someone treated by the deceased as a child of the family;
parents and other ascendants;
someone treated by the deceased as a parent;
brothers and sisters;
uncles and aunts; and
certain descendants of brothers, sisters, uncles or aunts.

Merely being related to the deceased does not automatically establish a financial dependency claim. The claimant must ordinarily show a reasonable expectation that the deceased would have continued to provide money, services or another measurable benefit.

Can an unmarried partner claim compensation?

Yes. An unmarried partner may already be entitled to dependency compensation under the Fatal Accidents Act.

The partner must generally show that they:

lived with the deceased in the same household immediately before the death;
had lived with the deceased in that household for at least two years immediately before the death; and
lived together throughout that period as though they were married or civil partners.

A shared household does not always require every document to show one common address. Courts consider the reality and permanence of the relationship, including shared finances, household arrangements, mutual support and how the couple presented their relationship publicly.

Our specialist article explains the evidence required for cohabitation claims under the Fatal Accidents Act.

4. The statutory bereavement award

Bereavement damages are a fixed statutory payment intended to recognise grief following a wrongfully caused death.

For deaths occurring on or after 1 May 2020, the award in England and Wales is £15,120.

It is not calculated according to the individual’s financial loss, the length of the relationship or the circumstances of the death. It is one fixed award arising from the death.

Under section 1A of the Fatal Accidents Act 1976, the award is currently restricted to:

a husband or wife;
a civil partner;
a qualifying cohabiting partner; and
the parents of a child who died before reaching 18, subject to the statutory parental-entitlement provisions.

A qualifying unmarried partner has been entitled to claim since the Fatal Accidents Act 1976 (Remedial) Order 2020 came into force on 6 October 2020.

This corrected the previous law, which excluded long-term cohabiting partners.

Our updated guide explains fully who is entitled to the bereavement award.

Is £15,120 payable to every eligible family member?

No. There is only one statutory award for the death.

Where more than one person qualifies, the £15,120 must be divided between them. If both a spouse or civil partner and a qualifying cohabiting partner are entitled, the award is shared equally.

The limited eligibility and modest value of the award have attracted sustained criticism. Children cannot receive it for the loss of a parent. Parents cannot receive it following the death of an adult child. Siblings, grandparents and grandchildren are also excluded.

However, exclusion from the fixed bereavement award does not necessarily prevent someone from pursuing dependency compensation or another part of the fatal accident claim.

Compensation following the death of a child

Where a child under 18 dies because of negligence, eligible parents may claim the statutory bereavement award. Reasonable funeral expenses and an estate claim may also be available.

A dependency claim can be more difficult because a young child will not ordinarily have been providing income or substantial services to their parents. However, the position must be considered individually, particularly where the child was older, provided care or services, or there is evidence of a future financial benefit which had a reasonable prospect of arising.

The law’s financial approach cannot begin to reflect the true loss experienced by parents. The restrictive award has therefore been widely and justifiably criticised.

Compensation following the death of a husband, wife or partner

A surviving spouse, civil partner or qualifying cohabitant may have several overlapping claims, including:

statutory bereavement damages;
loss of the deceased’s earnings;
loss of pension income;
loss of household contributions;
loss of childcare;
loss of care and domestic services;
funeral expenses; and
losses forming part of the deceased’s estate.

The claim must reflect the family’s actual circumstances. It should not be limited to a mechanical calculation based solely upon the deceased’s salary.

Compensation following the death of an adult child

Parents are not entitled to the statutory bereavement award where the child was 18 or over.

However, parents may still have a dependency claim where the adult child provided—or was reasonably expected to provide—financial or practical support.

This may arise where an adult child:

lived with their parents and contributed towards household expenses;
provided care to a parent with a disability or health condition;
carried out substantial housework, gardening or maintenance;
worked within a family business;
had promised or begun making regular financial contributions; or
was likely to provide increasing support as their parents grew older.

Detailed evidence of the family’s arrangements is essential. Our article on dependency claims and changing family life explains how modern household arrangements may affect compensation.

Funeral expenses

Reasonable funeral expenses may generally be recovered where they were incurred because of the wrongful death.

The expenses may be claimed:

by the estate, if the estate paid them; or
as part of the Fatal Accidents Act claim where an eligible dependant paid them.

The same expense cannot be recovered twice.

Disputes can arise over whether particular costs were reasonable and directly connected with the funeral. Receipts, invoices and evidence of payment should therefore be retained.

What if the death resulted from violent crime?

A death caused by murder, manslaughter or another violent offence may give rise to different possible claims.

These can include:

a civil claim against a person or organisation legally responsible for the death;
a claim under the Criminal Injuries Compensation Scheme;
funeral expenses;
bereavement and dependency payments under the Scheme; and
an estate or civil dependency claim where an appropriate defendant can be identified.

CICA claims are governed by separate rules, values and time limits. Guidance is available on claiming compensation following the murder of a relative.

How much compensation is paid following a death?

There is no standard amount for a complete fatal accident claim.

The value depends upon:

the deceased’s age and life expectancy;
earnings and career prospects;
pension rights;
the age and circumstances of the dependants;
the level of financial support provided;
the nature and extent of services provided;
the probable duration of the dependency;
funeral and other expenses;
whether the deceased experienced pain and suffering before death; and
whether statutory bereavement damages are payable.

The £15,120 bereavement award is only one possible component. A substantial dependency claim may be worth considerably more, particularly where a family has lost many years of income, care or childcare.

What is the time limit for bringing a claim?

Fatal accident claims are commonly subject to a three-year limitation period.

Under the Fatal Accidents Act, time will generally run from the date of death or the relevant dependant’s later date of knowledge, where applicable.

Different provisions may apply where:

the dependant is a child;
the death was caused by an industrial disease;
the accident occurred abroad;
the defendant concealed relevant facts;
the person making the claim lacks capacity; or
compensation is sought through CICA.

An inquest, criminal investigation or prosecution does not automatically protect the civil limitation period. Legal advice should therefore be obtained as early as possible.

Who brings the claim?

Where personal representatives have been appointed, the Fatal Accidents Act claim is generally brought by the deceased’s executor or administrator for the benefit of all eligible dependants.

If no action is brought by the personal representatives within six months of the death, a dependant may potentially bring the claim. All eligible dependants should still be included so that the entire claim is resolved within one set of proceedings.

Estate claims are brought by the personal representatives.

What evidence will be required?

Relevant evidence may include:

the death certificate;
the coroner’s documents and inquest evidence;
police or regulatory investigation material;
employment and tax records;
wage slips and pension documents;
bank statements;
household bills;
evidence of childcare and caring arrangements;
receipts for funeral and related expenses;
medical records;
witness statements from relatives, friends and colleagues; and
expert evidence concerning liability, medical causation or financial losses.

Families should preserve documents even where an inquest or criminal investigation remains ongoing.

Specialist fatal accident solicitors

Fatal accident claims are not confined to a fixed bereavement payment. A proper investigation should identify the estate claim, every eligible dependant and the full value of the financial and practical support that has been lost.

R James Hutcheon Solicitors represents bereaved families throughout England and Wales following road collisions, workplace accidents, clinical negligence, industrial disease and unlawful killings.

We understand that these claims concern a family’s future, not merely a set of figures. We will investigate what happened, explain the available legal routes and pursue every recoverable element of compensation.

Compensation For The Death of a Family Member