When someone dies because of another's negligence, certain relatives and dependants may bring a claim in England & Wales under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934. This can include a fixed statutory bereavement award, a dependency claim for lost financial and services support, and funeral expenses. The usual time limit is three years from the death or date of knowledge.
The death of a loved one in an accident is devastating, and the law cannot undo it. What it can do is provide a measure of financial protection for those left behind, and hold a negligent party to account. This guide explains, compassionately and in plain English, how fatal accident claims work in England & Wales — who can claim and for what. We are an independent information service, not a law firm, and nothing here is legal advice; in a bereavement, advice from a specialist solicitor is especially important.
Who can claim after a fatal accident
A fatal accident claim is usually brought by those closest to the person who died. Broadly, two groups are involved: the deceased's estate (continuing claims that belonged to the person who died), and their dependants and certain close relatives (claiming for their own losses flowing from the death). Exactly who qualifies is set by statute, which is why early advice matters.
The two key Acts
Two pieces of legislation underpin most fatal claims in England & Wales:
- The Law Reform (Miscellaneous Provisions) Act 1934 — allows the estate to pursue claims the deceased had up to the moment of death, such as their own pain and suffering and financial losses.
- The Fatal Accidents Act 1976 — allows defined dependants to claim for the loss of the support they relied on, and provides the fixed bereavement award for a limited category of close relatives.
The two often run together in a single claim, covering different losses.
The bereavement award
The Fatal Accidents Act 1976 provides a fixed statutory bereavement award to a limited category of close relatives — for example a spouse or civil partner, and (subject to the statutory rules) the parents of an unmarried minor child. It is a single fixed sum set by regulations and reviewed from time to time, intended to acknowledge the loss rather than to put a price on a life. It is separate from, and additional to, dependency and funeral claims.
Dependency claims and funeral costs
For many families the dependency claim is the most significant element. It compensates for the loss of the support the deceased provided, in two main forms:
- Financial dependency — the income and money the deceased would have contributed to the household.
- Services dependency — the practical things the deceased did, such as childcare, care for a relative, and work around the home.
It is calculated from evidence about the deceased's earnings, the family's circumstances and how long that support would likely have continued. Reasonable funeral expenses are also recoverable. See what compensation covers for how dependency is approached.
Inquests and the coroner
Where a death is sudden, violent or unexplained, the coroner may hold an inquest to establish who died and how. An inquest is a fact-finding inquiry, not a trial, and it is separate from any civil claim — but what emerges can be relevant to it. Families can be represented at an inquest, and a solicitor experienced in fatal claims can advise on both processes together. GOV.UK explains what to do after a death and how inquests work.
Time limits
⏳ Three years — with special rules
The usual limit is three years from the date of death or from the relevant person's date of knowledge, under the Limitation Act 1980. Special rules apply where the deceased's own limitation period was already running before they died. Given the sensitivity and the interaction with any inquest, take advice early. See our time limits guide.
No claim can answer a bereavement. What it can do is protect a family's security and require those responsible to account for what happened — and that, handled sensitively, is a form of justice.
Frequently asked questions
Who can make a fatal accident claim?
Two overlapping groups. Under the Law Reform (Miscellaneous Provisions) Act 1934, the deceased's estate can continue a claim for losses up to death. Under the Fatal Accidents Act 1976, certain dependants — such as a spouse or civil partner, children and other close relatives who relied on the deceased — can claim for their loss of financial and services support. A defined category of close relatives may also be entitled to the statutory bereavement award.
What is the bereavement award?
It is a fixed statutory sum payable under the Fatal Accidents Act 1976 to a limited category of close relatives, such as a spouse or civil partner, and (subject to the rules) the parents of a minor child. It is a single fixed amount set by regulations and reviewed periodically, intended to mark the loss rather than to measure it. It is separate from, and in addition to, any dependency claim and funeral costs.
What is a dependency claim?
A dependency claim compensates those who relied on the deceased for the loss of that support. It covers lost financial dependency — the income or money the deceased would have provided — and lost services dependency, such as childcare, household work or care the deceased gave. It is calculated from evidence about the deceased's income, the family's circumstances and how long the support would have continued.
Can I claim funeral expenses after a fatal accident?
Yes. Reasonable funeral expenses are recoverable as part of a fatal accident claim where the death was caused by another's negligence. Keep receipts and records. Other losses up to the date of death, such as the deceased's pain and suffering and their own financial losses, can also be pursued by the estate under the 1934 Act.
How long do I have to bring a fatal accident claim?
Generally three years, running from the date of death or from the date of knowledge of the relevant person, under the Limitation Act 1980 in England and Wales. There are specific rules where the deceased's own limitation period was already running. An inquest may also be held by the coroner, separately from the civil claim. Given the sensitivity and complexity, early advice from a specialist solicitor is wise.
Get help from official, free sources
- Citizens Advice — free, impartial guidance and bereavement support signposting
- GOV.UK — what to do after a death, inquests and coroners
- The Law Society — Find a Solicitor — find a solicitor experienced in fatal claims
- Solicitors Regulation Authority (SRA) — check a solicitor or firm is regulated
Related guides: medical negligence claims, road traffic claims, accident at work claims and claiming for a child or dependant.