Have you suffered from a fatal accident and are seeking compensation? Use our death compensation calculator to see how much you can claim.
Compensation for a fatal accident at the end of the day has to be produced to the court in black and white, on paper and electronically. This guide explains everything you need to know about death compensation, from situations where compensation may arise to examples of amounts awarded.
What Situations Can Lead To Death Compensation?
Many scenarios could warrant death compensation for family members and dependents of someone who has died. Ultimately, it comes down to whether someone has died due to negligence or wrongdoing by another person. Below are a few examples where compensation is commonly sought.
- Medical negligence
- Road traffic accidents
- Workplace accidents
- Defective products
- Aviation incidents
- Accidental poisoning
- Industrial diseases
- Boating and drowning accidents
- Assault and battery
Please note this isn’t an exhaustive list. If you have lost a loved one via negligence or wrongdoing, please get in touch with our solicitors, and we will advise the options open to you.
Who Can Make a Death Compensation Claim?
Different groups of people can claim death compensation, depending on various factors. Any claim must meet the criteria that the death was caused by another person’s illegal or negligent actions and is therefore seen as a ‘wrongful death’. The claim should show the negative consequences the claimant has endured as a result of the accident and that compensation is necessary to right the wrongs, such as to cover financial losses or support the claimant for the pain and suffering they experienced.
Many death compensation cases involve immediate family members who’ve suffered emotional and financial hardship following the accident. Family members can include spouses, children or parents of the deceased. In these cases, compensation can be awarded for the family member’s pain and suffering and financial losses they’ve endured, such as medical fees or funeral expenses.
Another common compensation claim is a dependency claim. Dependents can claim if they received financial support or services from the deceased before the accident. For example, a spouse may have to pay more bills as they are no longer shared. Likewise, a spouse may lose a child-minding service they relied on before their partner died, which comes under loss of service dependency. Therefore, any person classed as a dependent would be eligible to claim based on the loss of dependency.
This area of law is sophisticated; therefore, we recommend you speak to one of our solicitors to determine your eligibility for a death compensation claim.
Examples of Death Compensation Payouts
Below are some real-life examples of payouts, offering a guideline of the death compensation calculation you can expect.
A Parents’ Claim Based on Loss of Rental Income
This is an example of a claim for loss of dependency on behalf of parents due to the loss of rental income, awarding them £12,000.
The deceased started his course at university, and his parents had built an extension to their house so that he would always have a place to call his own when visiting during holidays and in the likely event that he moved back home at some point after completing his studies.
After graduating, the deceased moved away and obtained a full-time job. While he lived in rented accommodation, he was not particularly happy with his job and wanted to move back home to be closer to his family and friends. Further, his parent’s health was failing, and as the only child, they needed support. He wanted to be there for them.
Several weeks before the deceased’s death, he attended an interview close to his parent’s home and was successful. Before starting his new job, he tragically lost his life. If he had moved home, his parents would have charged him nominal rent of around £200 per month towards household costs. They had discussed such an arrangement with the deceased before he moved. In the circumstances, it is the claimant’s case that there was a substantial chance that the deceased would have returned to live at home and contributed £200 per month towards household costs.
The timing and duration of the deceased’s return are all incapable of being precisely ascertained, and therefore proposes that the parents’ claim regarding his likely contribution towards household costs is valued on the basis that it would have lasted for 5 years. The period of claim allows for the possibility that the deceased might have lived at home longer or shorter. No enhancement for any element of accelerated receipt is sought, and the claim is, therefore, calculated based on £200 x 12 x 5 = £12,000.