Can I bring a personal injury claim if someone has died?

Losing a loved one is a profoundly upsetting time. The situation can become even more difficult if their death was caused by third-party negligence, such as medical malpractice. In such cases, you may be able to pursue a claim for damages on behalf of your loved one. If your loved one was already in the process of making a claim for damages, you can often continue that claim on behalf of their Estate. Our specialist personal injury team can assist you through this difficult time.

How can a claim be made?

Two key pieces of legislation may be relevant: the Fatal Accidents Act 1976 (FAA 1976), and The Law Reform (Miscellaneous) Provisions Act 1934 (LRMPA 1934).

Am I eligible to make a claim on my loved one's behalf?

To be eligible under the FAA 1976, you must be considered a dependent of the deceased. The Act specifies a list of who is considered a dependent, including spouses, children, or parents of the deceased.

Under the LRPMA 1934, eligibility very much depends on if the deceased left a Will. If they did, then the Executor of their Estate, named in the Will, is eligible to bring or continue a claim. If the deceased did not leave a Will, then a set list is followed as outlined in the Administration of Estates Act 1945. This list starts with the surviving spouse or civil partner of the deceased, and continues down the list to children, then parents etc.

Our experienced solicitors will help determine if you are eligible to make a claim under either the FAA 1976, or the LRMPA 1934.

How much could the claim be worth?

For a claim under the FAA 1976 and LRPMA 1934, an Estate may claim compensation for:

1. General damages: Compensation for the pain, suffering and loss of amenity which your loved one endured prior to their death. Sadly, this amount of compensation can be quite low in some circumstances as compensation is not awarded for the fact that their life has been cut short.
2. Special damages: Financial losses incurred by the deceased from the date of the injury to their passing. The financial losses can include, but are not limited to, loss of earnings, travel expenses, care and assistance and funeral expenses.
3. Bereavement award: A set sum awarded to a specific list of people. The amount is currently £15,120. This can only be awarded to a wife, husband or civil partner of the deceased, an unmarried couple who can prove they lived together for at least two years before the death, or the parents of an unmarried child under the age of 18. If more than one person is eligible under this list choose to claim, then the Bereavement Award is split between them.
4. Dependency claim: Compensation for the loss of support the deceased provided, such as caregiving, DIY tasks, or income (eg earnings or pension).

Time limits for making a claim

There is typically a three-year period from the date of death in which to bring a claim. While it can be difficult to think about this while you are grieving, it is also vital to keep this time limit in mind if you wish to pursue a claim.

If you would like to discuss your options to make a claim for a loved one, please contact Nicola Bickham in our Personal Injury team on 07788 313 461. Alternatively, you can fill out the form below.