How To Claim A Bereavement Award After A Fatal Accident – Who Is Eligibile?

Following the loss of a loved one, there are multiple different avenues of compensation that could be available, including the bereavement award or a bereavement support payment. It can be hard to know what avenue to pursue, and what you could be entitled to.

In this guide, we’ll discuss the different kinds of compensation you could get, and how to be eligible for each. Specifically, our guide focuses on the bereavement award, who can claim it, and when.

However, it is worth remembering that for the first six months after the death, only the deceased’s estate can bring forward a claim; after this time, if no claim has been made on their behalf, those who were financially reliant on the deceased can make a claim for how the death has impacted them. Within this guide, we will also discuss what compensation the deceased’s estate can claim for.

We also explore how a No Win No Fee solicitor could help you claim after losing a loved one in a fatal accident claim.

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If you’d prefer to speak to an advisor, our team is here to help. There are several ways to contact us, and a member of our team can answer any questions you might have about the fatal accident claims process.

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Browse Our Guide

  1. What Is The Bereavement Award?
  2. Who Can Claim The Bereavement Award?
  3. Can You Claim Personal Injury Compensation For The Death Of A Loved One?
  4. How Much Compensation For A Fatal Accident Claim?
  5. How Can A No Win No Fee Solicitor Help You Claim Compensation For A Fatal Accident?
  6. Read More About Fatal Accident Claims

What Is The Bereavement Award?

The Bereavement Award is a lump sum paid to certain bereaved people under Section 1A of the Fatal Accidents Act 1976 (FAA).

This is paid as a lump sum of £15,120. If multiple qualifying relatives claim for this award, it will be split between them.

You need to be able to prove that death occurred as a result of negligence in order to claim this award.

We’ll discuss negligence more later on in the guide. Keep reading to learn more, or contact our team of advisors today to find out if you could make a claim.

Who Can Claim The Bereavement Award?

As stated within the FAA, only certain qualifying family members are eligible to claim the Bereavement Award. In order to be eligible for this payment, you need to be:

  • The surviving spouse (husband, wife, or civil partner) of the deceased.
  • The deceased’s parents, if they were an unmarried minor.
  • Someone who cohabited with the deceased as a spouse for at least two years before their death.
  • The mother of the deceased, if they were an unmarried minor born out of wedlock.

What Is The Bereavement Support Payment?

While they sound similar and are both intended to compensate bereaved families, the Bereavement Award and Bereavement Support Payment are two different awards.

This payment used to be known as a Widow’s Pension. Eligible claimants can receive this compensation as an upfront lump sum or as a smaller, set figure over a number of months. Generally, the lump sum will be less than what you could receive if you take monthly payments.

It is not means-tested and is only paid to the spouse (husband, wife or civil partner) of the deceased. Additionally, how long after the deceased’s death you make your claim will affect how much you could receive. You cannot claim this award if you are in prison.

Contact our team of advisors today to learn more about whether you could be eligible for the Bereavement Award or the Bereavement Support Payment. Or, read on to find out when and how to claim.

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Can You Claim Personal Injury Compensation For The Death Of A Loved One?

All fatal injury claims need to meet almost the same eligibility criteria as a personal injury compensation claim.

First, you need to establish that the deceased was owed a duty of care. This means that someone else was responsible for their health and safety. The duty of care owed to the deceased can change depending on where they were, and what they were doing.

For example, for employers, their duty of care is set out in the Health and Safety at Work etc. Act 1974 (HASAWA). It states that an employer must take reasonable and practicable measures to keep their employees safe.

Likewise, the duty of care for those in control of public spaces is set out in the Occupiers’ Liability Act 1957 (OLA). It states that those in control of public spaces must take steps and measures to help ensure the reasonable safety of those using that public space.

The specific eligibility criteria for fatal accident claims are as follows:

  1. The deceased person was owed a duty of care.
  2. This duty of care was breached.
  3. This breach resulted in the deceased suffering fatal injuries.

For example, if they died in an accident at work because they slipped and fell off a roof and their employer had not provided an adequate harness, this could be considered as breach of their duty of care a claim could be made.

What Is The Law Reform (Miscellaneous Provisions) Act 1934?

The Law Reform (Miscellaneous Provisions) Act 1934 is a piece of legislation that allows the deceased person’s estate to claim for their death, the injuries that caused their passing, and the financial losses caused by their fatal injuries. They can also make a claim on behalf of the dependents.

However, under this legislation, only the estate can bring forward a claim for the first six months following their passing. If no claim is made, or if the estate does not claim on behalf of the dependents, then they can claim for themselves after those first six months.

Who Can Claim Under The Fatal Accidents Act 1976?

The Fatal Accidents Act 1976 sets out who qualifies as a dependent and how they could claim for how the death has affected them. Relatives who could potentially claim compensation under this legislation include:

  • The deceased’s parents, or those treated as such, like a step-parent or foster parent.
  • The deceased’s children, or those treated as such, like a step-child.
  • Siblings, cousins, uncles and aunts of the deceased.
  • Current spouse or partner, or ex-spouse or partner of the deceased.
  • Someone who lived with the deceased as a partner for two years or more.

To see whether you may be eligible to make a claim as a dependent, you can contact our advisory team today.

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How Much Compensation For A Fatal Accident Claim?

The estate can claim general and special damages on behalf of the deceased. General damages cover the pain and suffering they endured before they passed, and special damages cover the financial losses caused by their injuries.

When general damages are calculated, the Judicial College Guidelines (JCG) are often used to help. The JCG contains guideline compensation brackets for different injuries, illnesses, and even death.

You can see some examples of these figures in the table below. Please note that these are not guaranteed, and that the first entry is not taken from the JCG.

InjuryAward Guidelines
Death with add on claimsUp to £550,000 and over
Brain Damage - Very Severe£344,150 to £493,000
Tetraplegia (Also known as Quadriplegia)£396,140 to £493,000
Paraplegia£267,340 to £346,890
General Psychiatric Damage - Severe£66,920 to £141,240
Post-Traumatic Stress Disorder (PTSD) - Severe£73,050 to £122,850
Injuries Leading To Death - Full Awareness£15,300 to £29,060

What Other Financial Losses Can Bereaved Families Claim For?

Some other financial losses that the dependents of the deceased person could claim for include:

  • Funeral expenses.
  • Dependency payments, for example, if you were financially reliant on the deceased’s income.
  • Loss of service, for example, if the deceased was responsible for childcare or home repairs.
  • Loss of consortium or loss of a special person, provides financial compensation that can not otherwise be quantified elsewhere, such as the impact on a familial relationship.

To learn more about the kinds of compensation you could claim as a dependent following the death of a loved one, contact our team today.

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How Can A No Win No Fee Solicitor Help You Claim Compensation For A Fatal Accident?

Working with a solicitor can benefit you and your claim in a number of ways. For example, a No Win No Fee fatal accident solicitor from our panel could help you identify what kinds of compensation you could be eligible for, including the bereavement award.

Additionally, a solicitor can talk you through the claims process using their years of experience. They can explain legal jargon, help gather evidence to prove the claim, and help in negotiating a settlement.

Plus, our panel of solicitors work on a No Win No Fee basis. They do this by offering their services under the terms of a Conditional Fee Agreement (CFA), which generally means that:

  • You don’t pay any upfront fees for their work
  • You don’t pay any ongoing fees for their work
  • If the claim fails, you don’t pay for their services
  • If the claim succeeds, they take a small success fee from your compensation. There is a legal cap in place for the percentage that can be taken as this success fee.

Contact Us

If you’d like to find out if a solicitor from our panel could help you make a fatal accident claim, contact our team today by:

Read More About Fatal Accident Claims

For more helpful guides on fatal accident claims:

Or, for more help:

Thank you for reading our guide on when and how to claim for a bereavement award. If you have any questions about whether you could claim bereavement damages, you can contact our advisors.