Accidents involving a fatality are thankfully increasingly rare – mainly due to increased standards of road and work place safety.  Nevertheless where a fatal accident occurs there can be a very real need for dependants to seek financial compensation.

The estate of a fatality may be entitled to pursue a claim for compensation where an accident was the direct (even if not necessarily immediate) case of death.

A claim for compensation must be issued by those “dependant” on the deceased.  These include surviving husbands, wives, partners of two or more years standing, parents of children of the deceased (this list is not exhaustive).  If there is more than one possible claimant they must join any legal proceedings together.

The claim which may be brought falls under various heads and includes:-

1. Compensation for bereavement:  The compensation here is fixed and the current sum is £11,800 (for deaths after 1.1.08).  This seems an appallingly low figure but it is an amount fixed by law – the thinking being that it is impossible to put a meaningful value on a life.
2. Compensation for funeral expenses: These costs are recoverable where the expense was actually not by the dependants.
3. Claim for Compensation for Loss of Dependency:  This is designed to provide compensation for loss either of income (for example earnings) of the deceased or other services (for example care of a sick relative or gardening services)

The calculation for loss of dependency is a complex process and comprises assessing the overall annual loss and then assessing the likely term for which the dependency might have been expected to continue – matters such as life expectancy and number of years to retirement will be relevant here.

There are strict time limits within which any claim must be issued or concluded.  The rules here can be complicated and we urge you to take prompt advice tailored to your circumstances – but the basic rule 
 

is that a claim must be brought within three years either from the date of death or three years from the deceased’s personal representatives becoming aware that they might have a claim.  Failure to issue within the time limit is likely to spell failure for any claim.

Please contact:

Steven Judge (Eastbourne) (01323) 720142 - E-mail