Fatal Medical Negligence Claims

Bereavement damages

A bereavement award is compensation paid to a spouse or civil partner. If the person who died was under 18 and unmarried, then compensation is paid to their parents. The Statutory Bereavement Award for damages is fixed by law and is currently £15,120.

Loss of consortium

This is compensation for the effect an accident or death has had on an injured or deceased person’s close relations, such as a child who has lost a parent or a husband who has lost a wife, whereby they will continue to suffer unquantifiable emotional loss.

Financial dependency claim

Anybody who was financially dependent on someone at the time of their death can make a compensation claim. Compensation can cover any future losses which will likely be incurred because the person is no longer alive to provide financial support.

Loss of services dependency claim

This is separate from financial dependency as it is a claim for the services the person who has died would have continued to provide if they had lived. For example, helping with children, household chores, DIY and anything they did to contribute to the household and the care of any dependents.

Who can make a fatal accident claim?

The Fatal Accidents Act 1976 allows anyone dependent on a deceased person to claim compensation if the death was caused by another person’s negligence, misconduct, or error.

There are a variety of relationships that are deemed as dependent:

• A spouse or civil partner.
• Anyone who lived with the person for two years before their death.
• Anyone who lived with the person immediately before they died.
• Parents, grandparents, great grandparents, and anyone the deceased classed as a parent.
• Children, including those adopted and those related through marriage or civil partnership.
• Siblings.

Our solicitors can advise you if you are not sure whether you can make a claim due to your family’s circumstances.

Are there time limits for making a claim?

By law, there are normally three years from the date of the person’s death to make a claim.

If someone was already dealing with a claim when they died, the three-year limitation automatically begins again from the date of their death. This gives their dependents extra time to continue with the claims process.

Why should I contact a solicitor?

Speaking to our medical negligence solicitors can help you establish fault, which can help to ensure such an incident never happens again. We provide support during inquests by explaining medical and legal jargon to you in simple language, answering all your questions and keeping you informed throughout the entire claims process.

We are dedicated to making sure you receive the justice, financial compensation and level of personal support you need. Our costs and timescales are made clear at the outset – if anything changes, we will talk this through with you.