What is a Fatal Accident Claim?
Written by Marie Oxland | Personal Injury Team | 20 June 2024
The Fatal Accidents Act, initially established in 1846 and consolidated by the Fatal Accidents Act 1976, is a significant piece of legislation in the United Kingdom. It was passed to allow relatives of individuals who have died as a result of someone else's negligence, legal recourse to claim damages.
This law acknowledges the profound impact that the sudden loss of a family member can have on the dependents and provides a legal avenue for compensation which otherwise would not exist.
It outlines the right of action for wrongful acts causing death, specifying that if a person's death results from a wrongful act, neglect, or default, which would have entitled the person to sue had they survived, the responsible party is liable for damages despite the deceased's death.
The Act benefits the dependents of the deceased, defining dependents as spouses, cohabitants, parents, children, and certain other relatives. It also details the assessment of damages, including bereavement damages, which are limited to spouses and parents in the case of a child 18 years or under.
The Act is designed to compensate for the financial losses suffered by those who depended on the deceased for financial support, considering factors like future loss of earnings, where the deceased was the primary earner for the family and the cost of services the deceased would have provided. Additionally, it allows for funeral expenses.
The Fatal Accidents Act is particularly relevant in the context of workplace accidents, as it provides a legal framework for the dependents of a deceased person to claim compensation when the death has resulted from employer negligence or a breach of statutory duty. Under this Act, if an individual dies as a result of a workplace accident due to the employer's fault, the dependents of the deceased may be entitled to claim for damages. These damages can include a bereavement award, which is a fixed sum intended to provide some solace for the loss of a loved one. As of the latest update, the bereavement award in England and Wales has been increased to £15,120.
It is important to note that a claim under the 1976 is brought by the deceased’s defendants in their own right. There is also usually a claim which can be brought on behalf of the estate of the Deceased. This is brought under the Law Reform (Miscellaneous Provisions Act 1934.
It's important to note that the Acts apply to a range of fatal accidents in the workplace, from incidents involving machinery to falls from height or exposure to harmful substances. Employers have a legal duty to report fatal accidents at work to the Health and Safety Executive under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
In pursuing a fatal claim, it is advisable to seek expert legal advice to navigate the complexities of the claim process and to ensure that all necessary evidence is gathered and presented effectively. This may include the death certificate, proof of relationship to the deceased, and evidence of the circumstances surrounding the fatal accident.
If this is something you need support with, our team can help. You can get in touch with them by calling 01752 827085 or emailing enquiries@nash.co.uk.
