Losing a loved one is a harrowing experience. This can be intensified when the incident involves an element of negligence on behalf of a third party. In the event a loved one has lost their life as a result of negligence (e.g. some sort of preventable incident), the Fatal Accidents Act 1976 (‘the Act’) may apply should the need arise to make a claim for compensation.
The Act allows a claim to be brought against a negligent third party, if that act caused or contributed to the death of your loved one; despite the fact that your loved one has passed. To be successful, under the Act, it would need to be proved that any ‘wrongful act, neglect or default’ occurred which would have given your loved one entitlement to maintain a claim and recover damages from that third party.
By way of example, this could be circumstances relating to a work place accident; a negligent act made on behalf of a medical professional, or a road traffic accident attributed to negligence.
The purpose of the Act is to secure your loved one’s position, and allow any dependants to pursue the claim on their behalf. The action on behalf of the deceased can be in the name of the executor or administrator of the will, or, in the event there is no will, may be brought by or in the name of any dependants who would have benefited in the event there was a will. A dependant is considered to be any wife or husband, any civil partner of the deceased, any parent or person treated as a parent, or any child. This list is not exhaustive and legal advice would need to be sought to determine whether you are considered a dependant under the Act. In the event your loved one had a will, it is also important to speak to the executor or administrator about the possibility of a claim under the Act.
In the event that you were the wife, husband or civil partner of your loved one or the parent of your loved one in the event they never married, you may be eligible to seek damages for bereavement under the Act. This is a payment of £11,800, which in the event there are two surviving parents is halved between the parents.
It is important that you maintain a record of all costs associated with the passing of your loved one, as these costs may be able to be recovered from the third party in the event it is accepted or proved that the act caused the death of your loved one. What expenses can be recoverable will need to be discussed with your lawyer.
