In addition to the victim’s claim and the dependants’ claim, there is also the potential for recovering additional damages in the form of a Statutory Award for Bereavement. In respect of deaths after 5th March 2013, the award is currently fixed at £12,980.00 for England & Wales.
In a successful Fatal Accident Claim, this sum is payable by the negligent party to a bereaved person following the death of a partner, spouse or child under the age of 18. This Award is due payable even if the deceased had no claim for pre-death injury and there was no loss of income or benefits for dependants.
Making a Personal Injury Compensation Claim for a Deceased
As with all Personal Injury claims and indeed medical compensation cases, you will need to prove that the fatal accident was caused as a result of the negligence of another party. We will be able to compile the necessary evidence and present the same to the third party insurers.
In summary, Personal Injury compensation awarded to a family member on behalf of a deceased relative can include an amount for the pain and suffering of the deceased, the payment of actual losses such as funeral expenses and also a bereavement award for the deceased’s spouse or parents. However, it should also be borne in mind that co-habitees in a long-term, unmarried relationship who have lived together continuously for more than two years prior to the date of death are, essentially, treated as the same as married partners and can, therefore, still claim for compensation. Equally, partners in a civil partnership or any other individual who had a financial dependency on the deceased may also be able to claim compensation.
There are strict time limits that must be complied with to enable a fatal accident claim to proceed. Court Proceedings must have been commenced within three years of the date of death or the date the death was linked to the accident/exposure. If a person is part of the way through dealing with their personal injury compensation claim when they die, then the three year deadline begins from the date of their death; so as to enable their family to continue with the claim.