The death of a loved one due to a medical or other accident is devastating.

It goes without saying that no amount of money can ever compensate the family of the deceased for the tragic death or the loss suffered. Legal assistance may, however, be available to provide guidance to the loved ones and if it is considered there may be a valid claim, it can help to ease the financial difficulties of the dependents.

There are two pieces of legislation which govern who can make a claim and the compensation that can be awarded following a negligent accident or incident resulting in a fatality. The two Acts are the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934.

Fatal Accidents Act 1976

Damages under the Fatal Accidents Act 1976 for dependency are only payable to those who can show a financial dependency on the deceased. A claim can be made for a loss of financial support previously provided by the deceased. This may include a claim for financial support for loss of the deceased’s earnings, domestic services and DIY and maintenance. Such cases need to be investigated thoroughly at the outset.

The categories of persons entitled to claim bereavement damages under the Act (for compensation for the actual death of the loved one) are even further restricted and the amount payable is set by the government and amended periodically. The amount payable for any claim after 1 May 2020 is £15,120.

The Law Reform (Miscellaneous Provisions) Act 1934

The Law Reform (Miscellaneous Provisions) Act 1934 allows those entitled to bring a claim on behalf of the deceased’s estate to make a claim for the damages the deceased would have been entitled to receive if they had survived. Such a claim can include damages for the pain and suffering and loss of amenity the deceased endured prior to their death. It can also include the funeral expenses incurred by the estate and any financial losses the deceased incurred from the date of the negligent act causing the injury to the date of their death.

The damages recovered by the dependents under the Fatal Accidents Act 1976 are payable to them. The damages payable to the estate under the Law Reform (Miscellaneous Provisions) Act 1934 are payable to the deceased’s estate and then distributed to those entitled to receive the monies. This would be the beneficiaries under the terms of the deceased’s will or on their intestacy in the event there is no will.

A claim due to a fatality will normally be brought by the Executor of the deceased’s estate appointed in their Will or the Administrator of the estate appointed in the event of an intestacy.

Strict timelines apply in relation to the making of such a claim and legal advice should be sought early on.

Next Steps...

At Timms, our team specialise in representing the family of those involved in fatal accidents. Please contact our team for a free initial discussion on 01283 214231 or email us at legal@timms-law.com

Check out our Personal Injury and Clinical Negligence webpages for further information.