Losing a loved one unexpectedly is one of the hardest things anyone can experience. When that death happens because of someone else’s careless or unlawful actions, it can leave you not only heartbroken but also struggling with financial and emotional consequences. In such situations, you may have the legal right to sue for wrongful death and claim compensation.
This guide explains everything you need to know — from who can make a wrongful death claim, how to prove negligence, to how death compensation is calculated in the UK.
What Is Considered A Wrongful Death?
A wrongful death occurs when a person dies because of another party’s negligence, mistake, or unlawful act. It could happen in many ways — a fatal road accident, a workplace accident, or even due to medical negligence.
In legal terms, wrongful death is based on the idea that the deceased would have had a valid personal injury claim if they had survived. Because they cannot bring that claim themselves, their family or estate is allowed to do so on their behalf.
Common examples include:
- A fatal car accident caused by a speeding or drunk driver.
- A construction worker falling due to unsafe scaffolding.
- A patient dying due to a surgical mistake or misdiagnosis.
- A member of the public dying after slipping on an unmarked wet floor.
If negligence or a breach of duty of care caused the death, you could have a valid claim under the law on wrongful death.
What Law Covers Wrongful Death In The UK?
Two main pieces of legislation govern these cases:
- The Fatal Accidents Act 1976 (FAA) – This allows certain family members and dependants to claim compensation for the emotional and financial loss caused by the death.
- The Law Reform (Miscellaneous Provisions) Act 1934 – This allows the estate of the deceased person to claim for the pain, suffering, and losses experienced before their death.
Together, these laws ensure that close relatives can claim compensation for the death of a family member caused by negligence or unlawful acts.
Who Can Sue For Wrongful Death?
Not everyone can bring a claim for compensation. The law is clear about who qualifies.
In the first six months after the death, only the estate of the deceased can make a claim. After that, certain dependants can bring a claim under the Fatal Accidents Act 1976.
Those who can sue include:
- A husband, wife, or civil partner.
- A former spouse or civil partner.
- A person who lived with the deceased as a spouse for at least two years.
- Children, stepchildren, or other descendants.
- Parents or anyone treated as a parent (including adoptive or foster parents).
- Siblings, uncles, aunts, or other family members who were financially dependent on the deceased.
If you relied on your loved one’s income or services — such as childcare, household help, or emotional support — you may be eligible to make a claim.
How To Prove A Wrongful Death Claim
To claim compensation for wrongful death, you need to show that:
- The defendant owed a duty of care to your loved one.
- They breached that duty through negligence, inaction, or unlawful conduct.
- That breach directly caused the death.
For example:
- A hospital failing to diagnose a serious infection that led to death.
- An employer failing to provide safety gear, causing a fatal fall.
- A driver ignoring a red light and hitting a pedestrian.
Evidence you might need includes:
- Police or accident reports.
- Medical records and post-mortem results.
- Photographs or CCTV footage of the accident scene.
- Witness statements.
- The coroner’s report or inquest findings.
- Proof of financial dependency, such as payslips or bank statements.
Collecting strong evidence can make your case easier to prove and help your solicitor secure the best possible settlement for you.
Fatal Accident Compensation Amounts In The UK
One of the most common questions families ask is: “How much compensation could I receive for the death of a family member?”
There is no fixed amount because every case is unique. The fatal accident compensation amount in the UK depends on several factors, including:
- The pain and suffering your loved one experienced before death.
- The financial dependency of surviving family members.
- Funeral costs and other related expenses.
- Emotional distress and loss of companionship.
The Judicial College Guidelines (JCG) provide a general range of compensation for wrongful death cases:
| Type of Harm | Severity | Estimated Compensation |
| Death with dependency and additional claims | Very severe | Up to £550,000+ |
| Quadriplegia (before death) | Life-altering injury | £396,000 – £493,000 |
| Paraplegia (before death) | Severe injury | £267,000 – £346,000 |
| Fatal injury with full awareness before death | Severe | £15,000 – £29,000 |
| Fatal injury leading to unconsciousness before death | Moderate | £12,000 – £13,000 |
These figures are only guidelines. The final settlement depends on the circumstances of the case and the extent of the losses suffered.
How Is Death Compensation Calculated In The UK?
Calculating death compensation in the UK involves assessing two parts of the claim:
1. Compensation for the Deceased’s Estate
This includes damages for:
- Pain and suffering before death.
- Medical expenses before death.
- Lost earnings between the accident and the date of death.
2. Compensation for Dependants
Dependants can claim for:
- Loss of financial support — e.g., loss of household income, pension, or benefits.
- Loss of services — such as childcare, maintenance, or daily assistance.
- Emotional suffering — known as “loss of consortium”.
- Funeral expenses.
In addition, under Section 1A of the Fatal Accidents Act 1976, a Statutory Bereavement Award of £15,120 can be claimed by:
- A spouse or civil partner of the deceased.
- The parents of a deceased minor (if legitimate) or the mother of an illegitimate child.
How Long Do You Have To Make A Claim?
The Limitation Act 1980 gives you three years to bring a wrongful death claim. This time limit usually starts from:
- The date of death, or
- The date you became aware that negligence caused the death (for example, after a coroner’s inquest).
If the claim is not filed within this time, you might lose the right to claim compensation — unless there are exceptional circumstances.
It’s always best to contact a solicitor as soon as possible so that evidence can be preserved and witnesses can be contacted early.
What Happens If The Death Was Caused By A Criminal Act?
If your loved one died because of a violent crime, you might not need to sue the individual directly. Instead, you could apply for compensation through the Criminal Injuries Compensation Authority (CICA).
The CICA handles claims from victims (or their families) who have suffered because of violent crime in England, Scotland, and Wales. The time limit for a CICA claim is two years, though extensions can sometimes be granted in exceptional cases.
What Is The Process Of A Wrongful Death Lawsuit?
If you decide to take legal action, the process typically involves:
- Free Legal Consultation: A solicitor reviews the case and advises whether you have a valid claim.
- Gathering Evidence: Your solicitor collects medical reports, witness statements, and expert opinions to support your case.
- Calculating Losses: They assess financial losses, funeral costs, and dependency calculations.
- Filing The Claim: The claim is sent to the defendant or their insurance company.
- Negotiation: Most cases settle out of court through negotiation or mediation.
- Court Proceedings (if needed): If no agreement is reached, the solicitor may take the case to court for judgment.
In most cases, claims are settled without needing a trial, particularly when the evidence clearly shows negligence.
Can You Claim Compensation If The Deceased Was Partly At Fault?
Yes. If your loved one was partly responsible for the accident, you can still claim, but the compensation may be reduced. This is called “contributory negligence.”
For example, if the court decides that your loved one was 25% responsible for the incident, the final compensation amount will be reduced by 25%.
Why Work With A No Win No Fee Solicitor?
Making a claim while grieving can feel overwhelming. Working with an experienced No Win No Fee solicitor helps ease the burden.
This agreement means:
- No upfront payment is required.
- You only pay your solicitor if the claim is successful.
- Legal costs are deducted from the compensation at an agreed percentage.
A specialist solicitor will also:
- Handle all communications with insurers and defendants.
- Gather strong evidence to support your claim.
- Ensure your compensation reflects the full financial and emotional impact of your loss.
Final Thoughts
While no amount of money can replace a loved one, claiming compensation can help you manage the financial challenges that come with sudden loss. It can also bring a sense of justice by holding the responsible party accountable.
If your loved one died due to someone else’s negligence, it’s worth exploring your legal options. A trusted solicitor can explain your rights, help you calculate fair fatal accident compensation, and guide you through every step of the unlawful death lawsuit process.
Key Takeaways
- You can sue for wrongful death if your loved one died because of someone else’s negligence or unlawful act.
- Claims are covered under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934.
- The typical fatal accident compensation amount in the UK varies but can reach several hundred thousand pounds depending on the case.
- The time limit to claim is three years from the date of death or knowledge of negligence.
- Working with a No Win No Fee solicitor makes the process easier and risk-free.
If you’re considering a claim for the death of a family member, speak to a specialist solicitor today.
They’ll help you understand your rights, collect the right evidence, and fight for the compensation you deserve — so you can focus on rebuilding your life.