What types of loss can be claimed after someone dies through negligence?
The sudden death of a loved one can have far reaching consequences, profoundly affecting the lives of those closest to them.
In many cases, individuals rely on one another for financial support and for assistance with everyday responsibilities such as childcare and domestic tasks. The unexpected loss of that support can create huge practical and financial difficulties to those families already suffering through their grief, and cause anxiety about how they will cope in the future.
Where a death has been caused by the fault or negligence of another party, a fatal accident claim may help to address some of these difficulties, providing a measure of reassurance when most needed.
Roisin O’Dubhlaoidh, sets out the type of losses which might be recoverable in a successful claim for compensation.
Claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976.
A civil claim for compensation should be considered when a person dies as a result of the fault or negligence of another party.
Compensation after someone has died is awarded under the provisions of two main pieces of law:
- The Law Reform (Miscellaneous Provisions) Act 1934 (“Law Reform Act”); and
- The Fatal Accidents Act 1976 (“Fatal Accidents Act”).
It may be possible to obtain additional compensation under the Human Rights Act 1998 (“Human Rights Act”) if the death occurred whilst the deceased was under the care of the State, such as in prison, police custody or psychiatric detention. This is not discussed in detail in this article but is something we can advise on in appropriate cases. Where a claim under the Human Rights Act may arise, it is particularly important to act promptly, as such claims must generally be brought within 12 months. This differs from claims under the Law Reform Act and the Fatal Accidents Act, which must usually be brought within three years from the date of death.
The best way of thinking about the distinction between the losses which can be claimed under each of the main acts is as follows:
Law Reform Act → looks backwards, at the losses suffered by the deceased (or their estate) up to the moment of death. The question to ask yourself is “what did the deceased lose before they died?”
Fatal Accidents Act → looks forwards, at the consequences for those left behind. The question to ask yourself is “what have others lost, because the deceased has died?”
Losses under the Law Reform Act
The principal heads of loss (types of compensation) recoverable under the Law Reform Act are as follows:
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Pain, Suffering and Loss of Amenity (PSLA)
compensation is recoverable for the pain, suffering and loss of amenity experienced by the deceased prior to death. This is highly fact specific. Where the deceased lost consciousness or died shortly after the negligent event, damages may be limited. Conversely, where injuries were severe and death was prolonged, a more substantial award may be recoverable.
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Damaged Equipment, Cars and Clothing
where the indent causing death also resulted in damage to personal property, such losses may be included in a claim.
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Loss of Earnings
any loss of earnings between the date of the negligent act and the date of death may be claimed.
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Medical Expenses
private medical expenses incurred in the period between injury and death may also be recoverable.
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Gratuitous Care, Support and Assistance
where care, support or assistance was provided to the deceased between injury and death, the reasonable value of that care may be included in a claim.
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Travel, Mileage and Parking
reasonable travel related expenses incurred in connection with visiting or supporting the deceased may be recoverable.
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Funeral Expenses
reasonable funeral costs may be recovered where they have been paid by the estate.
Losses under the Fatal Accidents Act
The principal heads of loss recoverable under the Fatal Accidents Act are as follows:
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Bereavement Award
A fixed amount of £15,120 is currently payable to spouses, cohabiting partners (of at least two years) and parents of a minor child. Where there is more than one eligible beneficiary, such as two parents of a minor child, the award is divided equally between them.
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Loss of Financial Dependency
Dependants may claim for the loss of financial support previously provided by the deceased. This most commonly includes loss of income and pension but may also extend to gifts and other financial contributions. Claims can also encompass anticipated future support, for example where the deceased had intended to contribute towards a significant future expense such as university or a wedding. In most cases, the loss of financial dependency on the deceased is the most substantial element of a fatal accident claim. Please see our article on calculating lost income, prepared by Ali Batchelor here.
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Loss of Services
Compensation may be recovered for the loss of services the deceased would have provided to their dependants but for their death. This can include things like childcare, household tasks, DIY and other practical assistance. Such claims can be significant, particularly in the case of certain losses which are commonly assessed with reference to the commercial cost of replacing those services (for example, employing a nanny, cleaner, gardener or dog walker).
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Funeral Costs
Where funeral expenses have been paid by the dependants rather than from the deceased’s estate, these may be recovered under the Fatal Accidents Act.
Whilst the categories of loss recoverable under the Fatal Accidents Act and the Law Reform Act are well established, the precise scope and value of any claim will always depend on the specific facts of the case.
Specialist fatal claim solicitors at RWK Goodman can discuss individual circumstances and provide guidance on next steps, including the timing of commencing a claim and the availability of early support can be provided to help address the financial and practical challenges that can arise following an unexpected death. Speak to our personal injury team below.
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