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Home > Personal Injury > Serious injuries > Fatal accident claims

Fatal accident claims

Personal injury compensation for fatal injuries

Tragically, some personal injury cases involve the death of the victim. In these fatality cases, it still remains possible to bring an accident claim for compensation or to continue if a personal injury compensation claim was already started by the victim.

If, through the fault of someone else, you have suffered the loss of a loved one or someone that you depended upon financially, Clear Answers has the experience to help you bring a claim for personal injury compensation. We can offer advice and guidance on whether you have a valid claim, and will be happy to answer any questions you have regarding your claim and the claims process.

Health and Safety Executive professionals report an increase in fatal accidents

This week, the HSE (Health & Safety Executive) have reported their concerns that for the first time in 5 years, the number of fatal accidents at work has risen.

The BBC website reported on the latest figures published by the HSE, which confirmed that 50 people were killed in workplace accidents during the last full reporting year. This was up from 41 fatalities in the previous 12-month period. An additional 2,298 people were seriously injured in accidents at work during that same period.
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Please select one of the links below to see how Clear Answers can help you pursue a claim for personal injury compensation following a fatal accident.

Compensation claims for fatal injuries

In order to be awarded personal injury compensation, you first have to show, on the balance of probabilities, how the deceased was injured, and that this occurred as a result of negligence or breach of duty.

The injury may have been the result of an accident at work in an office, shop, factory or manufacturing environment, or even a work-related road accident. It may be the result of a private car accident, or a road traffic accident involving a motorcyclist, car passenger or pedestrian.

It may have been caused by a slip, trip or fall accident, or an assault either in the workplace or in a civil situation.

There are also many fatalities each year following negligent exposure to hazardous substances such as asbestos, which can develop decades later into fatal illnesses such as mesothelioma, or asbestos-related lung cancer.

Please visit our section on information and advice for more details on making a personal injury compensation claim, or our gathering information and evidence section for details on what to do if you are involved in an accident.

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Compensation awards for fatal injuries

Whatever the cause of death, if it follows an accident through the negligence of others, or injury through negligent exposure to a hazardous substance, the compensation will normally consist of the following elements:

Actual losses

This element of the compensation should provide for any actual costs which have been incurred first in caring for the injured person, and then any administrative costs involved in dealing with their death, for example funeral expenses.

If death is not immediate, there can be a loss of earnings. It will also cover incurred expenses such as nursing care or travelling costs to visit the victim whilst they were being treated for their condition. It may have been necessary to provide housing alterations, medical aids and adaptations, or private health care. Later there may be administrative costs such as applying for probate or estate administration fees.

There may also be compensation for the loss of services provided by the deceased person such as the cost of paying someone else instead to carry out household repairs, D.I.Y., interior and exterior decorating, gardening, window cleaning, car washing or perhaps replacement carers if the deceased person in turn was looking after someone in the family.


Prior to 1/1/2008, the fixed sum was set at £10,000 but this was increased after that date. The fixed sum is now set by statute at £11,800, payable only to the wife or husband of the deceased or the parents of the deceased if the deceased was under 18 and never married, and was living at home with parents.

Losses for dependency

This is often the largest part of the damages award if the deceased left dependents who relied on his / her income, e.g. a spouse, children, etc., and will vary depending on the deceased's income. The calculation may also take into account any future loss of pension. There may also be additional salary benefits that are lost such as the use of a company car, healthcare benefits and mobile phone usage or other bonuses and allowances.

Compensation for pain and suffering

If death follows a disease, for example an asbestos related disease such as mesothelioma, then a large part of the claim will often be compensation for the pain and suffering of the deceased during their lifetime as a result of the disease. This element of any compensation award will be distributed in accordance with the deceased's Will or as on intestacy. This can quite often be the same persons who are entitled to the dependency compensation above.

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Pursuing a personal injury compensation claim

In many disease cases, the victim will have commenced legal action during his lifetime. Sadly, a mesothelioma victim may live only a few months after their illness has been diagnosed. Clear Answers’ solicitors have a wealth of experience in pursuing these types of cases as quickly as possible to ensure the victim receives some benefit during the time they have left and that they can purchase any medical aids or equipment that may be helpful to cope with that illness.

Interim payments can also be sought to help with this. An early but appropriate settlement may also give some peace of mind that their loved ones will be financially secure after they have gone. When this is not possible, there is no difficulty in continuing the claim for personal injury compensation following their death; some simple procedural steps are all that is required.

Clear Answers' lawyers are experts in all aspects of personal injury claims and are able to call on a wide variety of technical and medical experts in every kind of claim for personal injury compensation. They will be able to advise you whether a claim for fatal accident compensation is possible, give guidance and assistance on how the claim can be pursued and ensure that all the correct evidence is obtained to secure the best result for the victim's family and dependents.

They will also be able to advise the family of any DWP state benefits that may be recoverable depending on the circumstances of the death or illness.

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Fatal personal injury compensation claims

Strict time limits apply for making a personal injury compensation claim, so please seek expert legal advice as soon as you think you may have a valid claim for compensation.

Telephone us now on 0800 783 9019 or complete one of our online compensation claim forms and a representative will contact you as soon as possible.

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