A loved one has passed away as a result of negligence. Can I bring a claim?
What is a Bereavement/ Dependency Claim?
When a person passes away due to the negligence or wrongful act of another, in a road traffic accident, medical error, or workplace incident, etc. Their loved ones may be entitled to compensation through bereavement and dependency claims.
These legal remedies are governed by the Fatal Accidents Act 1976 and are designed to acknowledge the emotional impact of the death and provide financial support to those who relied on the deceased.
Bereavement claims offer a fixed statutory payment for emotional suffering, while dependency claims compensate for the loss of financial and practical support.
Who Can Bring a Bereavement or Dependency Claim?
Bereavement Claim:
This is a statutory claim for a fixed sum (currently £15,120) and can only be brought by:
- The spouse or civil partner of the deceased.
- The parents of a deceased child (if the child was under 18 and never married).
- A cohabiting partner who lived with the deceased for at least two years immediately before death, in a relationship akin to marriage or civil partnership
Dependency Claim:
This can be brought by anyone financially dependent on the deceased, including:
- Spouses or civil partners.
- Children (including stepchildren or adopted children).
- Parents or grandparents.
- Cohabiting partners.
- Anyone who can prove they were financially supported by the deceased
What Can You Claim For?
Bereavement Claim:
- A fixed statutory payment for the emotional suffering caused by the death.
Dependency Claim:
- Loss of financial support (e.g., income the deceased would have provided).
- Loss of services (e.g., childcare, household tasks).
- Funeral expenses (if paid by the claimant).
- Loss of pension rights or other long-term financial benefits
How to establish if there is a valid claim
To determine whether a bereavement or dependency claim can be made, we need to consider the following:
1. Cause of Death: Was the death caused by negligence, breach of duty, or a wrongful act? This could include, but is not limited to, medical negligence, road traffic accidents, or workplace incidents.
2. Relationship to the Deceased: Are you within the categories of people eligible to claim under the Fatal Accidents Act?
3. Evidence of Dependency: Can you demonstrate financial reliance or contribution from the deceased?
4. Time Limits: Claims must generally be brought within three years of the date of death or the date of knowledge of the negligence.
Comment
Bereavement and dependency claims are complex and emotionally charged. Legal advice is essential to navigate the eligibility criteria, gather evidence, and ensure the claim is properly valued and submitted.
Should you require further support, help is available. The Samaritans offer free, confidential support 24/7. You can call them on 116 123. If you prefer not to speak, you can text SHOUT to 85258 for a confidential 24/7 text service. Other helplines include Mind (0300 102 1234), SANEline (0300 304 7000), and CALM (0800 58 58 58). These services are staffed by trained professionals who are ready to listen and support you without judgment.
How can we help?
Leah Mackay is a Solicitor Apprentice in our Dispute Resolution Team. Leah specialises in a broad range of litigation matters in general and civil litigation cases, personal injury, and medical negligence.
If you, or someone you know, has been affected by the loss of a loved one as a result of negligence, and you wish to seek legal advice, please contact Leah or a member of the team on 01206 694 039 or complete our online enquiry form.
Disclaimer: As every case is different the information provided in this blog is for general informational purposes only and does not constitute legal or medical advice. While every effort has been made to ensure the accuracy of the content at the time of writing, it should not be used as a substitute for professional advice or consultation with qualified professionals.
Additionally, if you believe you have been affected by professional negligence, you should consult with a qualified legal professional to discuss your specific situation. The information provided here does not establish a client-professional relationship, and the authors or publishers are not liable for any actions taken based on this information.