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Personal Injury

Dependency Claim

When somebody dies as a result of a fatal accident those who were dependent upon them financially may be able to claim compensation. If you have lost somebody you depended upon financially our personal injury solicitors can help you to make a dependency claim on a No Win, No Fee basis.

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What is a dependency claim?

Under the Fatal Accidents Act 1976 a dependency claim may be made by someone who was financially dependent upon a deceased person whose death was caused by negligence.

Who can make a claim under the Fatal Accidents Act 1976?

The following people may be eligible to make a dependency claim under the Act:

  • A spouse or civil partner.
  • A former spouse or civil partner.
  • Somebody who was in a relationship with the deceased and lived in the same household as them for at least two years before they died.
  • A parent, or somebody the deceased treated as a parent.
  • A child of the deceased or somebody they treated as their child.
  • Other relatives such as siblings, aunts and uncles.

If you are not sure whether you are eligible to make a claim please talk to our solicitors who can advise you.

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What is a financial dependency claim?

Someone who relied on the income of a deceased person could bring a financial dependency claim.

The person bringing the claim is required to prove that if the deceased had survived, they would have supported them financially. This might include contributing towards housing costs, clothing, school fees, holidays and more.

The deceased’s dependant may also be able to claim compensation for ‘loss of services’. This means compensation for the financial and practical consequences of the loss of any services the deceased provided. For example, if the deceased had carried out home maintenance tasks or assisted with childcare these services may now need to be carried out by a friend or family member or a paid professional.

Child dependants may be able to claim for loss of care from a parent who has died. For example, if the parent cooked their dinner, helped them with their homework or took them to school.

Can you make a claim against a deceased’s estate?

If you were dependent upon the deceased financially but you were not provided for adequately, or at all, in their Will you may be able to make a dependency claim.

You can consider challenging a will if you are eligible to make a dependency claim under the Fatal Accidents Act 1976 (see above). If you are considering making a claim on a deceased estate but you are unsure whether you meet the criteria, please talk to our solicitors.

Under the Inheritance (Provision for Family and Dependants) Act 1975 you can also make a claim if you are ‘any person who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.’

How Davisons solicitors can help you

When a loved one dies it is devastating, and when their death was caused by a fatal accident it is even more traumatic.

Our solicitors manage dependency claims with care and sensitivity. We have a proven track record in securing high levels of compensation, so families are at least free from the worry of financial hardship.

Have any questions or need any help?

Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help

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