What Is The Fatal Accidents Act 1976?
The death of a loved one is always traumatic and something we all hope we never have to deal with. However, in the unfortunate event that a family member dies as a direct result of the negligent action by a third party, a claim can be brought either by a dependant or by the executors on behalf of a dependent under the Fatal Accidents Act 1976.
Who Can Claim Under The Fatal Accidents Act 1976?
The Fatal Accidents Act 1976 clearly outlines who can make a fatal accident claim following an unfortunate loss. This important piece of legislation states that a Dependant who can bring a claim is defined as including:
- Wife/husband/civil partner (including former married partner)
- Parent (or treated by the deceased as their parent)
- Any child or descendant of the deceased including step-children
- Brother, sister, aunt or uncle
- Any person who was living with the deceased for at least two years as if they were husband and wife/civil partners
The purpose of the Fatal Accidents Act 1976 is to compensate and provide compensation to those family members who must have been in some way reasonably reliant on the Deceased for some form of financial support or a non-financial service. While the ability to make a fatal accident claim is certainly no replacement for your loved one, knowing that you could make one does provide some comfort at an otherwise difficult time.
What Can Be Claimed Under The Fatal Accidents Act 1976?
The Act also sets out exactly what can be claimed for and the timescales in which the Dependant can bring a claim. A claim for compensation can be made up to three years from the date someone dies for:
- A fixed sum known as the Bereavement Award. As of 1 May 2020, the Government set this award at £15,120.
- Loss of financial income that would have been brought into the family but for the negligent action. For example, wages and pension income.
- Loss of services that the individual would have provided had they not died. This can include but is not limited to gardening, DIY, and childcare.
- Loss of love and affection for example a child losing a parent.
Next Steps For Dependents
If you have unfortunately lost a loved one in a fatal accident as a result of negligence, one of our dedicated team can assist in supporting you through the process of making a fatal accident claim and advising accordingly.
Our personal injury solicitors in Plymouth have multiple decades of experience assisting with fatal accident claims and can assist in a wide range of circumstances. Some examples of the types of claims involving the death of a loved one that our experienced team can assist with include:
- Road traffic collisions
- Accident at work
- Fallen trees
- Public liability claims
- Clinical negligence
As a separate part of a fatal accident claim, the Estate can also claim for funeral expenses and pain, suffering and loss of amenity of the deceased. Our team will talk through your unique circumstances to ensure that the process of making a claim is tailored appropriately to your needs.
If you would like to explore your rights under the Fatal Accidents Act 1976, don’t hesitate to get in touch with GA’s personal injury team. Call 01752 203500 or email me directly at Matthew.Sheather@GAsolicitors.com to find out more.
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