Who Can Make A Fatal Accident Claim?

If a loved one suffered a fatal workplace accident, you might want to know who can bring a fatal accident claim forward. In this guide, we explore whether you may be eligible to put forward a claim on behalf of the deceased person.

This guide will look at two key pieces of legislation that make it possible for someone to launch a claim on behalf of someone who has passed away.

Additionally, we will look at the different ways a fatal accident at work could occur as a result of your employer’s negligence. There is legislation in place to help reduce workplace risks. We examine what this is and what it means. 

In order to make a valid fatal accident claim, you will need to prove your loved one had their duty of care breached by their employer causing them harm as a result. We examine what steps you could take following your loved one’s fatal accident that could help strengthen your claim.

This guide also aims to help you understand the compensation you could receive and how it’s calculated. 

We have aimed to cover the information you need, however if you have any questions regarding your potential claim, please get in touch by:

  • Filling out our online contact form.
  • Using the live chat. 
  • Calling the number at the top of your screen. 

who can bring a fatal accident claim

Who Can Bring A Fatal Accident Forward?

There are certain pieces of legislation that allow certain people to bring a fatal accident claim forward.

The Law Reform Miscellaneous Provisions Act 1934 allows the estate of the deceased to seek compensation for the pain and suffering the deceased experienced. 

Also, the Fatal Accidents Act 1976 allows certain qualifying relatives to make a claim for the way they have been impacted by the deceased’s death. This can include:

  • The wife or husband of the deceased (current or former)
  • The current or former civil partner of the deceased
  • A parent or other ascendant of the deceased
  • A child or other descendant of the deceased

Additionally, in order to make a valid fatal accident at work claim on behalf of someone who passed away, you must be able to demonstrate negligence. This includes showing that your loved one was owed a duty of care, their employer breached the duty of care they owed and caused your loved one to sustain harm as a result.

For more information on who can make a fatal accident claim, please get in touch using the number at the top of the page.

Average Fatal Accident Claim Amounts

You might be wondering how much for a fatal accident claim you could receive in compensation.

It’s important to note that there aren’t necessarily any average amounts as each case is assessed on an individual basis. However, the settlement awarded to you could comprise a payment for the pain and suffering experienced by the deceased.

In order to calculate this payment accurately, solicitors and other legal professionals may use the Judicial College Guidelines (JCG) to help them. 

Below we’ve included a table of potential compensation brackets from the JCG. The figures are based on the 16th edition of the JCG, published in April 2022. As each claim is assessed individually, you should only use these figures as a guide.

InjuryPotential CompensationNotes
A fatality including add-on claimsUp to £550,000 and overThis could consist of compensation for the deceased's pain and suffering as well as losses that affect the dependent.
Quadriplegia£324,600 to £403,990Level of awareness and physical pain, plus life expectancy will be considered as well as other factors.
Very Severe Brain Damage (a)£282,010 to £403,990Full-time nursing care required and a lack of meaningful environmental response are some of the issues the person may experience.
Paraplegia£219,070 to
£284,260		Age, pain levels and life expectancy are some factors that may be considered when determining the award.
Severe General Psychiatric Injury£54,830 to £115,730Cases in this bracket include those who experience an inability to cope with life and relationships and who have a very poor prognosis.
Moderately Severe Brain Damage (b)£219,070 to £282,010The level of award will be determined by several factors such as life expectancy.
Epliepsy (a) £102,000 to £150,110Established Grand Mal

What Else Could Be Included In A Fatal Accident Settlement?

There are other payments that could be included in your settlement, such as:

  • Bereavement Award: Under Section 1A of the FAA this is £15,120. However, there are limitations on who can claim this. It must be a qualifying relative listed in the FAA.
  • Loss of income: If you relied upon the deceased’s income for your basic needs, such as housing, food and clothing, this could be included in your settlement.
  • Funeral expenses: This could include the cost of the funeral service or headstone. 

To find out who can make a fatal accident claim to seek compensation on behalf of the deceased, please get in touch with our advisors.

Causes Of Fatal Accidents

There are various ways an employer’s negligence could result in a fatal accident.

All employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that an employer should have taken reasonable steps to reduce or remove workplace risks.

However, they might fail to do so, leading to accidents that cause serious harm. Examples of an employers negligence causing harm might include:

  • Failing to provide adequate training: Fatal accidents could occur, for example, if an employee didn’t know how to safely work at heights. 
  • Not properly maintaining machinery: Required maintenance checks should be carried out on equipment. Poorly maintained machinery could result in a fatal accident. For example, if it were to fall over because the grounding screws became loose, fatal crushing could be the result.  
  • Failing to keep walkways clear: Slips, trips and falls on the same level may cause a fatal accident. Tripping over clutter could result in an employee banging their head, resulting in a severe brain injury leading to death. 
  • Failing to provide personal protective equipment (PPE): Failure to provide appropriate and necessary PPE could also result in death. An object could fall from a height on a building site resulting in a head injury sustained in a construction accident due to an employer failing to provide safety helmets.

Evidence For Fatal Accident Claims

If you are eligible to bring a fatal accident claim forward on behalf of the deceased, you could take certain steps to support your claim. For example, you could:

  • Access medical records. The deceased’s medical records should contain information about any treatments they had prior to death. 
  • Request CCTV. You could request the CCTV footage of your loved one’s fatal accident at work. 
  • Access the post-mortem report. The inquest or post-mortem should state how your loved one died. 
  • Seek legal advice. You could seek legal advice from an experienced fatal accident solicitor from our panel to help you gather evidence. They can also help you through each stage of the claims process.

Free legal advice is available from our advisors. They can assist you with understanding what other evidence could be submitted to strengthen your claim. 

What Makes Up A No Win No Fee Agreement?

Legal representation has traditionally been associated with high costs. However, you could hire a solicitor to represent you under a No Win No Fee agreement.

A solicitor representing your claim on this basis will not charge an upfront fee for their services. Also, you don’t pay a success fee if your claim is unsuccessful. A success fee is taken from the compensation of successful claims. This fee is legally capped. 

The solicitors from our panel can represent claims on this basis. To find out more, see below for our details.

Talk To Us About Who Can Bring A Fatal Accident Claim Forward

You can ask our advisors who can bring a fatal accident claim. They can give you advice about the claims process. If your claim is eligible and you would like to proceed, they may pass you onto our panel of personal injury solicitors. 

For more information you can get in touch by:

  • Filling out our online contact form.
  • Using the live chat. 
  • Calling the number at the top of your screen. 

Further Information About Fatal Accident Claims

The following external resources might be helpful:

We have also included some additional guides that you may find beneficial:

For more information on who can bring a fatal accident claim forward, please don’t hesitate to get in touch with our team on the number above.