Fatal Accident and Fatal Injury Claims
Speak to a Specialist Fatal Accident Solicitor
If your loved one died as a result of an accident, call us on 020 7485 8811 to speak to a specialist fatal accident lawyer to discuss your options including how to claim compensation.
“Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases. “
“Osbornes has a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims, including fatalities and severe brain and spinal cord injuries.”
Summary:
Losing a loved one in a fatal accident is devastating. While no amount of compensation can undo what has happened, a fatal accident claim can provide financial security and a sense of accountability where a death was caused by negligence.
Here are the key points to understand:
- You may be entitled to claim compensation if your loved one died due to someone else’s negligence, including road traffic accidents and workplace incidents
- Different types of claims may apply, including dependency claims, bereavement damages and claims on behalf of the estate
- Compensation can cover financial dependency, loss of income, loss of services, funeral costs and other associated losses
- Time limits usually apply, with most claims needing to be brought within three years of the date of death
- Inquests can play an important role, helping establish the circumstances of the death and supporting a civil claim
- No win no fee funding is available, reducing financial risk for families
- Specialist legal support matters, particularly in complex or high-value claims
Osbornes Law’s fatal accident solicitors combine legal expertise with compassionate, client-focused support. We guide families through the claims process with sensitivity, working to secure the financial stability you need for the future.
If you have lost a loved one, speak to a specialist solicitor today for confidential advice on your next steps.
Osbornes Law acts for bereaved families across England and Wales in fatal accident claims and fatal injury claims, on a no win no fee basis. Our personal injury solicitors are ranked in Chambers UK and Legal 500 and have secured substantial compensation for families who have lost a loved one due to someone else’s negligence.
Losing someone in an accident is devastating. In the weeks and months that follow, the last thing you may be thinking about is making a legal claim. But fatal accident compensation exists for an important reason — to provide financial security for the people left behind, particularly where the person who died was a breadwinner or primary carer.
Our fatal injury solicitors understand how difficult this time is. We will deal with the legal process on your behalf so you can focus on your family. We work on a no win no fee basis, which means you will not pay legal fees unless your claim succeeds. We also offer a free initial consultation so you can understand your options before making any decisions.
If your loved one died as a result of an accident, medical error or someone else’s negligence, call us on 020 7485 8811 to speak to a specialist fatal accident lawyer.
Table of Contents
Types of fatal accident and accidental death claim
A fatal accident claim — sometimes called an accidental death claim — can be made when someone dies because of another person’s or organisation’s negligence. We act for families in a wide range of fatal injury claims, including:
- Fatal road accidents, including car, motorcycle, cycling and pedestrian deaths.
- Fatal accidents at work, including falls from height, machinery accidents and exposure to hazardous substances.
- Deaths caused by medical negligence, such as misdiagnosis, surgical errors or failures in hospital care. See our fatal medical negligence claims page for more on this area.
- Fatal accidents in public places, including slips, trips and falls where a property owner or local authority failed to maintain safe conditions.
- Deaths caused by fatal negligence in care settings, including hospitals, care homes and mental health facilities.
If you are unsure whether you have a fatal injury claim, speak to us. We will give you an honest assessment at no cost.
Fatal car accident claims
Road traffic accidents are one of the most common causes of fatal injury claims. If a family member has been killed in a car accident, motorcycle accident, cycling accident or as a pedestrian, you may be entitled to claim compensation from the driver at fault or their insurer.
Fatal car accident claims can involve multiple parties — other drivers, vehicle manufacturers, local authorities responsible for road maintenance, or employers where the journey was work-related. We will investigate the circumstances of the accident fully, working with accident reconstruction experts where necessary, to establish who was responsible.
Where a criminal prosecution is also under way — for example, for dangerous driving or causing death by careless driving — we can pursue your civil claim in parallel. You do not need to wait for the criminal case to conclude.
If your loved one was killed in a road accident, call us on 020 7485 8811 for a free initial consultation with a fatal car accident solicitor.
Who can make a fatal accident claim?
Fatal accident claims in England and Wales are governed by the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934. There are three types of claim that can be brought following a death:
Dependency claim. This is the main part of most fatal accident compensation claims. It compensates the people who were financially dependent on the person who died — typically a spouse or partner, children, or sometimes parents. The claim covers loss of income, loss of services (such as childcare or household tasks the deceased would have provided) and other financial losses flowing from the death.
Bereavement damages. This is a fixed statutory payment, currently £15,120, payable to the spouse or civil partner of the deceased, or to the parents of an unmarried child under 18. It is intended to recognise grief, though the amount is widely regarded as inadequate. Children of a deceased parent, parents of a deceased adult, and more distant relatives are not currently entitled to bereavement damages regardless of the closeness of their relationship. The Law Commission has recommended reform, and we support calls to widen the categories of eligible claimants.
Estate claim. Under the 1934 Act, a claim can be brought on behalf of the deceased’s estate to recover losses incurred between the date of injury and the date of death. This can include pain and suffering, loss of earnings during that period, and funeral expenses.
We will advise you on which types of claim apply to your circumstances and ensure that every head of loss is properly pursued.
How much compensation can I claim for a fatal accident?
Fatal accident compensation varies significantly depending on the circumstances. The main factors that determine the value of a claim include:
- The deceased’s age, income and future earning capacity.
- The number of dependants and the extent of their financial reliance on the deceased.
- Whether the deceased provided services such as childcare, household work or caring responsibilities.
- Funeral costs and any other expenses arising from the death.
- Whether the deceased suffered pain and injury before dying (recoverable through the estate claim).
Bereavement damages are fixed at £15,120 for eligible claimants. Dependency claims, which make up the largest part of most fatal accident compensation awards, are calculated using forensic accountancy evidence to project the financial loss over the dependants’ lifetimes. In cases involving a young breadwinner with a family, dependency claims can be worth several hundred thousand pounds or more.
We will instruct specialist forensic accountants and other experts to ensure your claim is fully and accurately valued.
Inquests and fatal accident claims
In many fatal accident cases, there will be an inquest — a public hearing before a coroner to establish who died, when, where and how. An inquest is not a trial and does not determine blame, but the evidence heard at an inquest can be important to a subsequent compensation claim.
We can represent you at an inquest to ensure your family’s interests are protected and that the right questions are asked. In some cases, particularly where there are concerns about systemic failures, we may also support a family’s application for an Article 2 inquest, which examines the broader circumstances of the death.
You do not need to wait for an inquest to conclude before starting a fatal injury claim. We can begin the claims process in parallel and use the inquest findings to strengthen your case.
How Does the Fatal Accident Claims Process Work?
Every fatal injury claim is different, but the typical process is:
1. Free initial consultation. We will discuss what happened, who may be liable, and whether you have a claim. This is free and without obligation.
2. Gathering evidence. We will obtain medical records, accident reports, witness statements, health and safety records, and any other evidence relevant to your claim. If an inquest has taken place or is pending, we will review the inquest material.
3. Establishing liability. We will build a case to show that the death was caused by someone else’s negligence or breach of duty.
4. Valuing the claim. We will work with forensic accountants and other experts to calculate the full financial impact of the death on your family, including loss of dependency, loss of services and funeral costs.
5. Negotiation and settlement. Most fatal accident claims settle without going to court. We will negotiate with the defendant’s insurers on your behalf to achieve the best possible outcome. If a fair settlement cannot be reached, we are prepared to take your case to trial.
6. Interim payments. Where your family is in immediate financial difficulty, we will apply for interim payments so that you receive money before the claim is fully resolved.
Time limits for fatal accident claims
You generally have three years from the date of death to bring a fatal accident claim. In cases where the cause of death was not immediately apparent — for example, deaths caused by industrial disease or a delayed diagnosis — the three-year period may run from the date you became aware that the death was caused by negligence.
Claims on behalf of children do not have a time limit until the child turns 18, after which the standard three-year limit applies.
We strongly recommend seeking legal advice as early as possible. Evidence can deteriorate over time, and early involvement allows us to preserve important material and secure interim payments when they are needed.
Why choose Osbornes Law for fatal injury claims
Our serious injury team is ranked in Chambers UK and Legal 500 and includes members of the Association of Personal Injury Lawyers (APIL). We have acted for families in fatal claims arising from road accidents, workplace deaths, medical errors and public liability failures, securing compensation that reflects both the financial and personal loss suffered.
We understand that fatal injury claims require more than legal expertise. Our solicitors work with sensitivity and care, keeping you informed throughout and dealing with insurers, employers and other parties so that you do not have to. We offer no win no fee funding for all fatal accident and accidental death claims and can arrange a free initial consultation at a time and place that suits you, including by video call.
Speak to a fatal accident claims solicitor
If you have lost a loved one and want to understand your legal options, call us on 020 7485 8811 or fill in the enquiry form below. We offer a free, no-obligation consultation and can take on your fatal injury claim on a no win no fee basis.
Questions about Fatal Accident Claims
What is a fatal accident claim?
A fatal accident claim is a compensation claim brought by the family or dependants of someone who has died as a result of another person’s negligence. Claims are made under the Fatal Accidents Act 1976 and can cover loss of financial dependency, bereavement damages and funeral costs. Fatal accident claims are sometimes called fatal injury claims or accidental death claims.
Is a wrongful death claim the same as a fatal accident claim?
“Wrongful death” is the term used in the United States. In England and Wales, the equivalent is a fatal accident claim or fatal injury claim under the Fatal Accidents Act 1976. If you are searching for a wrongful death solicitor in the UK, fatal accident and fatal injury claims are the relevant area of law.
How can I make a fatal accident claim?
A claim can be brought by the spouse or civil partner, children, parents, or anyone who was financially dependent on the person who died. The personal representative of the deceased’s estate can also bring a claim on behalf of the estate under the Law Reform (Miscellaneous Provisions) Act 1934.
How much compensation will I receive from a fatal accident claim?
The amount depends on the deceased’s income, the extent of your financial dependency, and the number of dependants. Bereavement damages are fixed at £15,120 for eligible claimants. Dependency claims vary significantly — in cases involving a young breadwinner with a family, they can run to several hundred thousand pounds. We instruct forensic accountants to calculate the full value of your claim.
What factors affect compensation amounts?
Financial dependency claims try to make sure that you are not in a worse financial position than when your loved one was still alive. As such, compensation amounts can vary greatly depending on individual circumstances including:
Age of the deceased Their job, salary and wealth Average life expectancy (including any existing medical conditions) Projected retirement age Age of childrenOur solicitors will work closely with you to understand your unique situation and fight for the maximum compensation amount on your behalf.
Who is eligible for financial dependency claims?
Usually the spouse, civil partner, unmarried cohabiting partner and children of the deceased can make a financial dependency claim.
In some cases, it is possible that ex-spouses, grandchildren, elderly parents, brothers, sisters and other relatives may have a claim if they were dependent on the deceased in some way.
Families can be complicated, especially when they are blended or the deceased was caring for disabled adult children or parents with dementia. Please get in touch and we will be able to advise you on your specific situation.
Can funeral expenses be included in a fatal accident claim?
Yes. Reasonable funeral expenses can be recovered as part of a fatal accident claim. This is claimed through the estate claim under the Law Reform (Miscellaneous Provisions) Act 1934.
The average basic funeral in the United Kingdom is estimated to cost around £4,000 and costs can easily rise to £10,000 when a headstone, flowers, memorials and catering for the wake are included. In the vast majority of cases, you will be able to reclaim these expenses from the party responsible for the death of your loved one.
Funeral costs are normally included as part of a wider claim, rather than being launched independently.
How long do I have to make a fatal accident claim?
You generally have three years from the date of death. If the cause of death only becomes apparent later, the time limit may run from the date of knowledge. Claims on behalf of children are not time-limited until the child reaches 18.
What happens if someone dies at work?
If a family member has died in a workplace accident, you may be able to claim compensation from their employer. Employers have a legal duty to provide a safe working environment, and fatal accidents at work often involve breaches of health and safety regulations. There may also be a Health and Safety Executive investigation and an inquest.
Do I need to pay for a fatal accident solicitor?
No. We offer no win no fee funding for fatal accident and fatal injury claims, which means you do not pay legal fees unless your claim succeeds. We also offer a free initial consultation.
Speak to our team and we can advise you on your funding options.
Can I claim if the person who died was partly at fault?
Yes. If your loved one was partly responsible for the accident, you may still be able to claim, but the compensation may be reduced to reflect their share of responsibility. This is known as contributory negligence.
What is the process for making a fatal accident claim?
We start with a free consultation to understand what happened. We then gather evidence, establish liability, value the claim with forensic accountants, and negotiate a settlement with the defendant’s insurers. Most fatal claims settle without going to court. Where your family needs money urgently, we can apply for interim payments early in the process.
Speak to a Fatal Accident Solicitor
Call us 020 7485 8811
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Ben Posford regularly represents claimants in neurological injury and fatal accident claims
The team offers specialist expertise in cycling-related injury claims and regularly acts for foreign nationals.
It has considerable experience in cases arising from motor accidents and accidents at work.
Osbornes has a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims, including fatalities and severe injuries regarding the brain and spinal cord.
Osbornes have expert leadership. They are very client-centred and provide great communication.
They have got a team of strong partners who are experienced and capable, and their lawyers have a can-do attitude and don't seem to be fazed by anything.
They grasp complex and sophisticated matters quickly.
From partners to associates, the lawyers are committed to ensuring a successful outcome for every client.
They have intelligent, experienced lawyers who advise their clients very carefully.
Osbornes deal with their clients in a very professional manner, attempting to get the best results at all times.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Sam Collard, head of cycling, specialises in severe injury and fatal accident cases.
Department head Sophie Davies handles severe injury and fatality matters with a focus on early rehabilitation.
Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases.
Excellent firm with a good insight into and prosecution of catastrophic PI work handled by an experienced team.
Without doubt, Osbornes are the firm to watch in London.
This team is growing in profile all the time. The firm now has many of London's leading personal injury solicitors.
The file handlers I have worked with are experienced and expert personal injury practitioners who can be relied upon to achieve excellent outcomes for the client.
They are very supportive of their clients and are willing to take on difficult cases.
This team is very well organised and approach their cases with great attention to detail.
They have particular expertise in dealing with Eastern European clients who speak little or no English as they have native speakers within their team.
Osbornes is a excellent firm for high value and complex personal injury work.
Nicholas Leahy leads the firm’s inquests work and has developed a specialism in stillbirth and surgical fatality claims.
Osbornes Law is a really strong team with a lot of depth.
Osbornes work professionally as a team, responding diligently to emails or telephone calls.
Osbornes deals with fatalities incurred during traffic and workplace accidents.
Osbornes covers a spectrum of spinal cord and brain injuries, as well as fatal accidents.
Osbornes clients are individuals whose cases are treated with the focus required when dealing with life changing injuries.
Fielding a ‘first class, very well resourced’ team of litigators, the personal injury department at Osbornes is rated for its diverse workload of complex, high-value injury claims, representing both domestic and international claimants.
Osbornes is an excellent firm, made up of lawyers with flair and pedigree.
Osbornes lawyers are smart, well trained, experienced and well managed.
Osbornes personal injury practice is first class; very well resourced and second to none.
Osbornes is becoming one of the top players in the claimant personal injury market. A large team with a great number of very high quality solicitors.
Osbornes is a highly proficient serious injury firm. They bring all the benefits of the biggest firms in the market but none of the downsides.
Osbornes prepares cases well; the whole team is good and lawyers there know their stuff.
They deal with people compassionately and take on the right amount of detail. The firm has some really brilliant key solicitors.
The personal injury team is responsive and its level of service towards clients and other professionals is exceptional and high quality
The team offers specialist expertise in cycling-related injury claims and regularly acts for foreign nationals.
It has considerable experience in cases arising from motor accidents and accidents at work
Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.
Their team includes bright, hard-working solicitors dedicated to achieving successful outcomes for their clients from partner level to paralegal. Their client care is exceptional.
They are a team who are highly respected in the PI sector.
This is an excellent PI team doing a broad range of PI work.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims, with notable strength in acting for European clients for whom English is not a first language.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims.
"Osbornes always provides work of excellent quality and the advice is sound."
"The firm has the ability to handle the most sophisticated and complex matters."
"Osbornes is always client-focused and works tirelessly to obtain the best outcomes."
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Stephanie Prior is head of the clinical negligence department at Osbornes Law. She acts on a wide range of issues, including claims for brain injuries sustained at birth and delays in diagnosis. She frequently represents clients in fatal claims involving surgical error.
'The team deals with multi-million pound, often multifaceted claims, involving such factors as severe brain, psychiatric, gynaecological and spinal injury, major trauma, amputation and fatality.'
"They are a boutique firm with highly experienced partners who are well-respected in the industry."
"The team at Osbornes deals with catastrophic injury claims with the same professionalism as the largest firms, but provides a much more client-focused experience."
"A really first-rate team, well capable of dealing with the most serious and complex injuries."
"This team has carved out an exceptional reputation in catastrophic injury work."
"Osbornes has impressed me with their personal touch for clients whilst offering a first-class handling of catastrophic injury claims. The partners all have vast experience and are highly respected in their field."
"This is a really excellent personal injury team that can be regarded as one of the major players in the London claimant personal injury market."
"Osbornes have managed to recruit a team of outstanding catastrophic injury lawyers who are at the top of the game."
"They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"
Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.
The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.
Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.
A really excellent group of PI solicitors, notable for their individual quality.’
A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.
This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.
The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.
To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'
"Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
"Stuart is also very experienced in advising on fatal accidents and workplace accidents."
"Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
Personal Injury Accreditations
Our Personal Injury Team View the whole team
Rob Aylott
Partner
Personal Injury SolicitorsSam Collard
Partner
Personal Injury SolicitorsSophie Davies
Partner
Personal Injury SolicitorsLaura Swaine
Partner
Personal Injury SolicitorsNicola Hall
Senior Associate
Personal Injury SolicitorsAndrew Middlehurst
Senior Associate
Personal Injury SolicitorsView the
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