Fatal claims following a road traffic accident

When a person is injured or tragically dies in a road traffic accident, it can have serious and wide-reaching consequences for their loved ones. These consequences can be compounded when loved ones rely on their deceased relative for financial, emotional or practical support.

In instances where the individual involved in a road traffic accident sadly dies, there are legal pathways for dependents to make a fatal accident claim. While these claims will not and cannot fill the void left by the death of a loved one, these claims are designed to secure compensation for the loss of support and financial stability that the dependents have suffered because of the accident.

As part of Road Safety Week, the team at Boyes Turner provide the following closer look into the eligibility and critical factors related to the types of claims which can be made following a road traffic accident.

Claims related to death caused by road traffic accidents are governed by the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934. Together with comparison to past cases, these laws help ensure that financial compensation is available to those who have lost a loved one due to another's negligence.

Here is an overview of how these laws apply:

1. Fatal Accidents Act 1976

• Eligibility: “Dependant” means:-
  • Spouse or former spouse,
  • civil partner,
  • children or other descendants,
  • any person, not being a child of the deceased, who by marriage or civil partnership, was treated as a child of the deceased,
  • parents or other ascendants,
  • any person treated as a parent by the deceased,
  • cohabiting partners provided they lived together continuously for at least two years immediately before the death.
  • any sibling or uncle or aunt of the deceased.

Claimable Damages:

• Loss of Dependency of Services: What the deceased did for the benefit of their dependents which can no longer be carried out such as caring for their children, parents or other family members, running the house, DIY, home or car maintenance etc.
• Loss of Dependency of Income and Pension: The amount the deceased would have likely contributed to their dependents had they lived. The court’s approach to calculating this loss is multifaceted and requires an estimation of the deceased’s future earnings and contributions, minus their personal expenses.
• Statutory Bereavement Award: A fixed sum of £15,120 (as at 7 November 2024) awarded to specific family members. This payment is only available to spouses, civil partners or parents of a deceased minor (under 18).
• Loss of Intangible Benefit: A sum to compensate the spouse or children for the loss of love and support/guidance of the deceased.
• Funeral Expenses: Reasonable funeral costs can also be claimed. Circumstances will determine eligibility to claim these losses.

2. Law Reform (Miscellaneous Provisions) Act 1934

• Eligibility: Claims commenced under this legislation are done on behalf of the deceased’s estate and are not aimed at compensating an individual. Any claim must be brought by the “personal representatives” of the deceased’s estate who will be:
• Executors – If the deceased left a valid Will, the executors named in the Will are authorised to administer the estate.
• Personal Representatives  - If the deceased died “intestate” (without a Will), the next of kin or someone else will be appointed to administer the estate.
• Administrators – If there is no valid Will, the court may appoint administrators to handle the estate under intestacy laws.

Claimable damages:

• Pain and Suffering: The estate can claim an amount for any pain and suffering the deceased may have experienced due to the accident. To claim this there must be evidence that the deceased was conscious and aware of the pain before their death.
• Loss of Earnings: Any loss of income between the time of the accident and the deceased person's death. This includes wages or salary they would have earned during this period if they had lived.
• Medical Expenses: The estate may claim for medical expenses incurred as a result of the injuries sustained in the accident, including hospital and treatment costs. Costs associated to any future inquests may also be claimable.
• Funeral Expenses: Reasonable funeral expenses can also be claimed under this act. However, they are only claimable if the claimant is the executor, personal representative or administrator of the deceased's estate.
• Loss of Property or Damage: The estate can claim for any property damage or loss caused by the accident, such as damage to the deceased’s vehicle or other personal property.

Support provided for dependants

As with anything in life, money is not everything. Dependants who have suffered a loss may simply seek support and comfort in the trying times which follow the passing of a loved one. Organisations such as Brake and RoadPeace provide support for individuals grieving loss.

Our team and experience with dependency claims

The personal injury team at Boyes Turner have over 30 years of experience and have helped thousands of clients claim compensation, including several clients who have lost loved ones as a result of road traffic accidents.