Claiming for the death of a relative killed in a road accident

Under what circumstances can relatives bring an injury claim for a relative who was killed in a road accident if the other driver has been found to be responsible?

The estate of the deceased are permitted to recover the costs of the funeral and normally the headstone from the third party insurers. Normally the insurer will also agree to pay for the flowers and costs of entertaining the funeral goers providing receipts can be provided for the expenses.

The estate may also recover damages for the pain and suffering of the deceased if he or she was not killed outright and was aware of their injuries prior to dying.

In addition the Fatal Accidents Act 1976 provides for a Bereavement Award of £10,000.00 but this is only available to:

• the husband or wife of the deceased
• where the deceased was under the age of 18 and never married - his parents if he was born in wedlock and his mother if he or she was born out of wedlock

These restrictions mean despite the grief caused, parents of (say) a 21 year old son killed outright in an accident would not receive a Bereavement Award. Similarly an unmarried partner with children by the deceased would not be able to claim a Bereavement Award but would probably be able to make a dependency claim.

Dependency Awards

Dependency Awards are also provided for under the Fatal Accidents Act 1976 but are only available to specific classes of people described as "dependants" within Section 1 of the Act.

These include:

• the wife or husband or former wife or husband of the deceased;
• any person who-
          (i) was living with the deceased in the same household immediately before the date of the death; and
          (ii) had been living with the deceased in the same household for at least two years before that date; and
          (iii) was living during the whole of that period as the husband or wife of the deceased;
• any parent or other ascendant of the deceased;
• any person who was treated by the deceased as his parent;
• any child or other descendant of the deceased;
• any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;
• any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.
  

If you fall into one of these categories then you have in theory a right to claim a dependency award providing you can prove that you "had a reasonable expectation of financial benefit from the deceased".

The amount of the dependency award depends the individual case and the parties financial circumstances. There are complex formulas and case law governing this area and you will need specialist and individual legal assistance.

The Roadside Layer solicitors are experts in this area of law and you should contact us by email or call us now on 0800 066 99 07 to receive immediate free assistance

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