Wrongful Death Claims
A wrongful death claim is a term often used when someone has died because of another party’s negligence. In the UK, these situations are usually handled through the legal framework for fatal accident claims rather than as a separate legal category.
Losing a loved one is an extremely difficult experience. Alongside grief, there are often practical concerns around finances, dependants and what happens next.
This page explains what a wrongful death claim means in a UK context, who may be able to bring a claim, and how compensation may work.
Compensation for wrongful death
What Does A Wrongful Death Claim Mean In The UK?
A wrongful death claim generally refers to a civil claim where a person has died as a result of negligence. This could involve an individual, employer, medical professional, company or public authority.
Although the phrase is widely used, it is not a formal legal term in UK law. Instead, these cases are usually brought as fatal accident claims, which allow certain family members or representatives of the estate to seek compensation.
Understanding this helps ensure the claim is handled correctly and that the right areas of compensation are considered.
Examples Of Wrongful Death Situations
A wrongful death claim may arise where a duty of care has been breached and that failure has led to death.
Common examples include:
- Road traffic accident claims, where careless or dangerous driving results in a fatal collision
- Accident at work claims, involving unsafe systems, lack of training or faulty equipment
- Medical negligence claims, such as delayed diagnosis, surgical errors or incorrect treatment
- Fatal incidents caused by unsafe premises or defective products
Each case depends on whether the death could have been avoided if proper care had been taken.
Who Can Make A Wrongful Death Claim?
There are specific rules in the UK about who can bring a claim after a loved one’s death. This usually involves dependants and the deceased’s estate.
Those who may be able to claim include:
- A spouse or civil partner
- A partner who lived with the deceased for at least two years
- Children or other dependants
- Parents, in certain circumstances
- A personal representative such as an Executor or Administrator
In many cases, the estate brings the initial claim, followed by dependency claims from family members. This structure can be complex, so it is often helpful to seek advice early.
How much can I claim?
How Wrongful Death Compensation May Work
Compensation in wrongful death claims is designed to reflect the financial and personal impact of the loss. It is not based on a fixed figure and will depend on the circumstances of each case.
The aim is to provide financial support where needed and to recognise the effect the death has had on those left behind.
Bereavement Damages, Dependency & Funeral Expenses
Bereavement Damages
Bereavement damages are a fixed statutory award of £15,120. This is only available to certain relatives, such as a spouse, civil partner or, in some cases, parents.
This amount is set by law and does not change.
Dependency Claims
A dependency claim reflects the financial impact of losing someone who provided support.
This may include:
- Loss of income
- Loss of household support or childcare
- Ongoing financial needs of dependants
This is often the most significant part of a wrongful death claim.
Funeral Expenses
Reasonable funeral costs can usually be included as part of a claim. This may cover the service, burial or cremation and associated costs.
Additional Financial Losses
Some claims may also include:
- Financial losses already incurred
- Costs linked to the circumstances of the death
- Other measurable impacts on the family or estate
Wrongful Death Compensation Amounts
When considering a wrongful death claim, compensation can vary significantly depending on the circumstances. The level of financial support will depend on factors such as the age of the deceased, their income, and whether others relied on them financially.
Some elements of compensation are fixed by law, while others depend on the impact the death has had on those left behind.
The figures below provide a general guide to how compensation may be structured.
Type Of Compensation | Typical Amount | What It Covers |
Bereavement damages | £15,120 (fixed) | A statutory award for eligible relatives such as spouse, civil partner or, in some cases, parents |
Dependency claim | £550,000+ in some cases | Financial losses where family members depended on the deceased’s income for support |
Workplace or industrial death claims | £550,000+ in some cases | Claims involving accidents at work or industrial disease, often including dependency and financial losses |
Medical negligence death claims | £550,000+ in some cases | Compensation where death was caused by negligent medical care, including long term financial impact |
Road traffic fatal accident claims | £550,000+ in some cases | Claims following fatal road collisions, reflecting dependency and financial losses |
Funeral expenses | Up to £10,000 in many cases | Reasonable funeral and related costs, depending on individual circumstances |
These figures are not fixed payouts. They are examples of how compensation may be assessed in certain cases. The overall value of a claim will depend on the evidence available and the financial impact of the loss.
In more complex cases, particularly where dependants relied heavily on the deceased, compensation can be higher due to long term financial needs.
Time Limits & Evidence
There is usually a three year time limit for bringing a wrongful death claim. This normally runs from the date of death or from when the cause of death became known.
There are exceptions, particularly where children are involved or where there are issues around mental capacity.
To support a claim, evidence may include:
- Medical records
- A death certificate
- Coroner’s findings
- Witness statements
- Accident reports
Gathering this information is an important step in establishing what happened and whether negligence was involved.
How Wrongful Death Claims Relate To Fatal Accident Claims
The term wrongful death is widely used, but in UK law these cases are handled as fatal accident claims.
This means that if you are researching a wrongful death claim, you are likely looking at the same legal route as a fatal accident claim.
For more detailed guidance, you can explore our fatal accident claims page, which explains how these claims are handled and what to expect.
Need more information? Don’t worry, one of our professional claims solicitors will advise you along the way
Contact us on 0800 699 0079 or via our online contact form to start your claim today!
Bereavement Award following a wrongful death
The Bereavement Award is a fixed amount of £15,120. The spouse, partner, or parent of the deceased person may be eligible for this.
Wrongful death compensation due to a workplace accident
If you’ve lost a loved one due to an accident at work or industrial disease, we can work with you to get the compensation you need to support your family. Depending on the circumstances, you may be entitled to £550,000+, including additional claims.
Compensation for a wrongful death due to medical negligence
If you’ve lost a loved one due to medical negligence, you may be entitled to claim compensation. This could be due to improper treatment, a misdiagnosis, or even ignoring particular symptoms and complaints. As mentioned above, compensation awards could be £550,000+, including additional claims.
Compensation for wrongful death compensation caused by road traffic accidents
Traffic accidents, including cars and motorcycles, are some of the most common causes of wrongful deaths in the UK. If you’ve lost a loved one due to a traffic accident that wasn’t their fault, you may be able to claim £550,000+ in compensation (including additional claims).
Compensation amounts to cover funeral expenses
In addition to claiming for the impact on your life, you can also claim for any associated funeral expenses. In most cases, you could claim up to £10,000 for the funeral costs, but it can occasionally be higher.
Why Choose Tylers Solicitors
Wrongful death claims require a careful and considered approach. These cases often involve both legal complexity and personal sensitivity.
At Tylers Solicitors, we offer:
- Clear, straightforward legal advice
- A calm and respectful approach
- Experience in handling serious and complex claims
- Support with both dependency and estate claims
- No win no fee wrongful death claims where appropriate
We understand that this is not just about a legal process. It is about helping families find clarity and stability after a loss.
Speak To A Solicitor About A Wrongful Death Claim
If you are unsure whether you may be able to bring a wrongful death claim, speaking to a solicitor can help you understand your options.
Our team can talk through your situation, explain the next steps and provide clear guidance based on your circumstances.
To get in touch, call us on 0800 699 0079, email us at info@tylerssolicitors.co.uk or fill in our online contact form.
Table of Contents
Frequently Asked Questions
What is a wrongful death lawsuit?
When you file a compensation claim following the wrongful death of a loved one, it will lead to a ‘wrongful death lawsuit’. This is a civil claim, where you can claim compensation following the death of a family member due to negligence.
Can you sue for wrongful death in the UK?
Yes, if you have lost a family member through a wrongful death caused by another party’s negligence in the UK, you may be able to claim compensation.
Is there a time limit for making a wrongful death claim?
In most cases, the time limit is three years from the date of death or when the cause of death became known.
What is the difference between a wrongful death claim and a fatal accident claim?
The term wrongful death is commonly used, but in UK law these claims are handled as fatal accident claims.
How long do I have to claim wrongful death compensation?
The timeframe for making a wrongful death compensation claim is the same as a personal injury claim. You have up to three years to file the initial claim.
What are bereavement damages?
Bereavement damages are a fixed statutory award of £15,120 available to certain relatives.
Can I claim on behalf of a loved one who has died?
Yes, claims are often brought by an Executor or Administrator of the estate, as well as by dependants.
Can a wrongful death claim include funeral expenses?
Yes, reasonable funeral costs can usually be included as part of the claim.
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