A Guide to Dependency Claims
If a loved one has died in a fatal accident, the loss can affect every part of family life. Alongside the emotional impact, many families are also left without financial support, childcare, or other practical help they relied on. This guide to dependency claims explains everything you need to know, including who is eligible to make a claim and how you can do so. We are dedicated solicitors with expert knowledge in this area of law, and we will support you through this difficult time.
If you are unsure whether you can claim for loss of dependency or have any other questions, our team can review your situation and explain your options with care and clarity.
Speak to our solicitors today for free, no-obligation legal advice.
What is it? — Who can claim? — What support is included? — How is compensation calculated?
Multiple dependents — Evidence — Bereavement award
Claim example — How to make a claim
What Is a Dependency Claim?
Many fatal accident claims can be made by the deceased’s family or near relatives, including the former husband or wife and partners. Dependency claims are made by immediate or close relatives of the deceased who have been deprived of their support and services. It is a compensation claim, not for the deceased but for their family after death.
As one judge put it: “It is not a claim the deceased could have pursued in his own life because it is for damages suffered not by himself, but by his family after death.”
Who Can Make a Dependency Claim?
The Fatal Accidents Act 1976 sets out the possible dependents who can claim compensation, which we have listed below. The criteria ultimately include people who may have been financially dependent upon the deceased or received some form of care or services from them before their death, and that this would have continued if the accident didn’t happen. The dependent must prove loss or a reasonable expectation of the service.
- The wife or husband or former wife or husband of the deceased
- The civil partner or former civil partner of the deceased
- A person living with the deceased immediately before the death
- Any parent or other ascendant of the deceased
- Any person treated by the deceased as his parent
- Any child or other descendant of the deceased
- Any person treated as a child of the deceased as a child of the family in any marriage or civil partnership that the deceased was in
- Any brother, sister, uncle or aunt, or their children of the deceased
To be awarded dependency compensation following a fatal accident, the dependents would have to show that had the deceased survived their injuries, they would have been able to recover compensation in their own right. No claim can be found if the claim would inevitably have failed due to limitation issues. Any damages awarded are subject to a reduction for contributory negligence. If the deceased’s death was caused by the negligence of one of his dependents, that negligence does not affect the claims of the other dependents.
Dependents must be able to show that they were relying upon the deceased in some way. For example, if the deceased paid the dependent a regular sum via bank transfer before their death, this paper trail would provide significant evidence. There may be circumstances in which no clear evidence is available, such as when the deceased had committed to financially supporting the dependent in the future before their death. An example of this could be promising to pay for someone’s future wedding or house deposit. Claims for dependency can be made provided that there was a ‘reasonable expectation of pecuniary advantage from the continuance of the life of the deceased’ (see Pym v The Great Northern Railway Company).
What Support Can Be Included in a Dependency Claim?
As experienced fatal accident solicitors, we will assess if each possible family member or partner/former partner of the deceased was in some way financially dependent or dependent upon the deceased for services.
Loss of Financial Support
Dependents of the deceased, under the Fatal Accidents Act 1976, are financially dependent if they can show that they had a reasonable expectation that the deceased would have continued to benefit the dependents had they survived. It is important to note that the dependents do not have to show that the deceased actually made any financial payments to them before death; all they need to show is that, had the deceased survived, they would have made a financial payment in the future. Naturally, if the deceased had already made payments before death, it would be easier to prove by your solicitor.
Financial dependency claims can be made where the dependents could show that they are financially worse off or disadvantaged as a result of death. The most common situation is where the surviving partner has lost the deceased’s income. However, the children of the deceased may also be financially dependent, as they can show that the deceased would have paid for their upkeep, holidays, schooling, tuition fees, pocket money, clothing, and so on.
Loss of Services
It is not just about the money that dependents can claim, but also about the services the deceased undertook before death or that the deceased would have provided had they survived. The most common service dependency includes:
- Help with household chores
- Gardening
- DIY and maintenance of the main home or a dependent’s home
- Helping and assisting elderly parents of the deceased or family members
- Caring for a dependent
A loss of dependency claim for services involves the loss of any act, assistance or tasks the deceased performed for the dependants’ benefit before their death. As a result of the death, the dependents will now need to rely on others to help or care for them, or to pay a contractor or professional to provide the services the deceased would have provided for free (or at a lower cost).
How is Dependency Compensation Calculated?
The Three-Stage Test
When considering including a claim for dependents under the Fatal Accidents Act 1976, assessment of a fatal accident award can be very complicated, so you should always instruct a specialist fatal accident solicitor.
The assessment typically involves a three-stage test:
- Establish the earnings/income of the deceased, less living expenses – this gives the court the annual dependence or the ‘multiplicand.’
- The multiplicand is multiplied by the number of years to give the ‘multiplier.’
- The figure is then subject to reasonable future probability, reflected in the multiplier in stage 2.
How Much Can Be Claimed?
Dependency claims under the Fatal Accidents Act 1976 can be substantial. Generally speaking, the compensation for dependency will be greater if the deceased was at work, in good health, in his/her mid to late 20s to 40s and had a partner and children (also in good health). This means there could be 40-50 years plus of financial dependency on behalf of the deceased’s partner and the services claim for looking after the children and home. Such claims often run into six-figure sums.
However, as fatal accident claim solicitors, we act for various dependents of the deceased, including sisters, brothers, parents, and former partners. Therefore, especially in Asian families, where parents are often dependent upon their children, especially first-born male children, due to their cultural and religious beliefs, the dependency claims can be substantial even though, say, the child was still at school or relatively young.
How Long Can a Claim Last?
Dependency claims cannot be greater than what the deceased would have been able to provide either financially or via a services dependency. If we take a financial services dependency claim, for example, where there is reliance on the deceased’s income from work, the claim cannot extend beyond the deceased’s retirement age, taking into account their working history and health. Therefore, if the deceased was 57 years of age and it was expected they would work until 67 years of age, then the dependency claim on income would be for a further ten years, provided that the dependents would have survived ten years from the date of death. Naturally, beyond retirement, the dependents may also be entitled to additional financial support, such as pension payments and income from the deceased’s other assets and savings, until the expected death of the dependents.
The same principle also applies to the loss of services. If the deceased, say, was 62 years of age at the time of death and they had a life expectancy of a further 20 years, the dependents (subject to them expecting to survive by 20 years) could rely on a services dependency for those remaining years to help with household chores, gardening, DIY, care services and similar.
Claims for Spouses and Partners
The Fatal Accidents Act 1976 governs the dependency claim and therefore equally applies to same sex marriages. The dependency between husband and wife deserves particular attention when it comes to loss of earnings or income, as specific rules apply. The loss of a spouse ensures that any lost income and services will be recoverable.
Over time, the dependency laws have developed a straightforward approach to calculating net dependency under the Fatal Accidents Act, particularly in cases involving dependents such as spouses and children. Previously, this calculation required a detailed examination of expenditures, such as how much the wife received for housekeeping or how much was spent on the children’s shoes. However, this complex process has been simplified. The modern method involves deducting a percentage from the deceased’s net income to account for what they would have spent solely on themselves. These percentages have become conventional, meaning they are typically applied unless there is compelling evidence to suggest otherwise, as each case must still be assessed on its own merits.
For a married couple, the conventional deduction is 33%. This one-third rule was developed in a case called Harris v Empress Motors. This is based on the assumption that the net income was generally spent one-third for each person’s individual benefit and one-third for their shared benefit. For example, clothing would be for individual benefit, while rent would be for joint benefit. No deduction is made for the shared portion because certain expenses, such as a car, cannot be divided in half. If a portion of the net income was used for purposes other than the husband or wife, such as a donation to charity, the percentage would apply to the remaining income after that amount is excluded. When children are involved, the deduction is typically reduced to 25%, as was agreed in the Harris case.
There are two other cases that fatal accident solicitors will also consider when making a dependency claim:
- Coward v Comex Houlder Diving Limited: The widow, Mrs Coward, challenged the damages awarded under the Fatal Accidents Act. The court, however, dismissed the appeal and determined that the dependency should be calculated at 60% of the deceased’s net earnings rather than the conventional two-thirds. The judge’s reasoning took into account future uncertainties and rejected applying the standard formula without adjustments, deeming it unjust in this context. The decision also allowed for the discretion to admit fresh evidence. This approach contrasts with the Empress Motors case, which established conventional figures for dependency ratios.
- Chouza v Martins & Ors: the High Court considered an alternative approach to both the Harris and Coward cases. In this case, Counsel for the Claimant argued that the usual method of calculating the support percentage should be altered because the deceased was notably frugal, spending very little on themselves. Normally, the court adheres to established percentages, but in this instance, they sought higher percentages both before and after retirement. The defendant’s solicitors contended that any deviation from the usual dependency ratio required substantiated evidence. Mr Justice Spencer, the presiding judge, explained that the process involves two stages: first, deciding on the method of calculation, and then, if using percentages, determining the appropriate ones. He concluded that a change was fair based on family testimonies, even in the absence of specific proof. Consequently, he ruled that 85% dependency before retirement and 70% after retirement were appropriate, diverging from the standard percentages established in Harris.
Claims for Parents After the Death of a Child
The loss of a young child or adult child can result in a dependency claim on behalf of the parents, despite the fact that the child may be working. Children living at home will often pay rent or help out their parents, sharing bills and chores around the house, even providing child care so the parent(s) may have time off to enjoy a night or to go to work.
The family dynamics have shifted significantly since the Fatal Accidents Act 1976 came into force. At that time, it was typical for children to leave the family home in their late teens or early twenties. However, in today’s world, a growing number of young adults continue to live with their parents well into their late twenties and early thirties. This change in living patterns has profound implications for dependency claims made under the Act when parents tragically lose a child in an accident.
A dependency claims on behalf of parents losing a child is now often more that what it use to be, that is just the return of funeral expenses and if a child was under 18 at the time of death a bereavement award. Dependency claims for parents now can extend for many years, even into their early 30s, as the new data suggests.
In many Asian families, dependency claims can be higher than in Western families due to cultural norms where children often live with and financially support their parents for longer periods. In many cases, adult children remain in the family home even after marriage, contributing not just financially but also through caregiving and other practical support. This cultural dynamic highlights a stronger dependency on children, which can significantly influence the scope of a dependency claim.
Can More Than One Dependent Be Included in a Claim?
Only one action can be brought on behalf of the estate and dependents under s.2(3) Fatal Accidents Act 1976. In a case called Cooper v Williams [1963] 2 QB 567, the court confirmed that claimants owe a duty to ensure all reasonable steps have been taken to see that all the dependents of the deceased who desire to claim for their loss are named as persons on whose behalf it is brought.
Get in touch to learn more about making a dependency claim on the estate.
What Evidence is Needed for a Dependency Claim?
To make a successful dependency claim, you will need to submit evidence that shows you are an eligible dependent of the deceased and how you were finally dependent on them before their death. As we briefly explained above, a successful claim doesn’t rely on having to show you received financial payments from the deceased before their death. The core aspect of a dependency claim is to show that had they survived, you would have received financial benefit from them at any point in the future. If you can show evidence of past payments received, however, this can undoubtedly strengthen your case and demonstrate your dependency.
Firstly, it is vital to show proof of your relationship with the deceased. Only certain people, such as close relatives, may be eligible to claim. Proof of relationship may include marriage certificates, joint billing statements, and similar documents. Then, you can submit evidence of prior financial support or services from the deceased, like bank statements or receipts for shared expenses. Finally, and most crucially, you must show evidence of your financial situation following the death. This evidence should outline the financial impact the loss has had on your life.
Successful dependency claims are judged by the standard of proof for future losses. Typically, cases are based on the balance of probabilities. That means a judge considers whether or not the loss was more than 50% likely to occur. However, this can be a complex area of law, and not every case is the same. In particular, courts may take a different approach when assessing the likelihood of future events happening. We recommend speaking to our solicitors for advice on what’s needed to make a successful claim.
Ultimately, the evidence you provide should build a strong case that you have suffered due to the loss of financial support or services like child care or services the deceased handled before their death. The claim will consider this information, along with the deceased’s potential future earnings and services, as well as their expected lifespan, to determine accurate compensation.
Dependency Claims and Bereavement Awards
The bereavement award is similar to fatal accident compensation but has different criteria. Only the wife or husband of the deceased, and where the deceased was a minor (under the age of 18 years) who was never married, for the benefit of his parents. Interest can also be claimed regarding a fatal accident case on the award from the date of death.
The latest update to the Bereavement Award occurred in May 2020. As a result of the Government reviewing the award for bereavement following the loss of a loved one by the Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020, the compensation for a bereavement award has been increased from £12,980 to £15,120. A paltry £2,140 addition to an unjust award.
Example of a Dependency Claim
In one case, when considering the dependency claim on behalf of a child, the court agreed that the child was dependent on the mother’s income and awarded £5,074 pa with a multiplier of 7 years post-death of the mother, bringing the claim to £35,520. The damage to the dependent herself resulting from the death must be assessed to determine the damages to be awarded to her and not anyone else. The judge dismissed the defendant’s argument in this claim that a discount should be made since the husband was better off due to his wife’s death as he did not have to support two households. The child had a dependency of 57.5% of the joint family purse. The father’s contribution continued following the fatal accident of his wife; she was entitled to be compensated for that part which originated from her mother and has ceased. To the extent that her father has made good the loss caused by the mother’s death, it was a benefit that had to be disregarded.
How to Make a Dependency Claim
You must instruct specialist solicitors, as dependency claims can be complex. The only criteria required are that the cause of death must result from the blame or fault of another person or party. The deceased’s dependents must prove their claim to receive compensation. This is where specialist solicitors collate all the evidence required to establish a case against the defendant.
If the death was caused by a criminal act such as murder or manslaughter, then proof will be obtained by the defendant being convicted by the Crown Prosecution Service, who will set out the charges against the defendant. A claim for dependency can be made if the defendant is found guilty.
Don’t wait around if you feel you are eligible for a dependency claim. Contact us today to learn how we can help you win your dependency compensation. We work on a No Win, No Fee basis, so you will only pay if your case wins.
