If an accident is fatal, can a family member make a claim?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    If an accident is fatal, can a family member make a claim?

    If a family member dies in a road traffic accident, it can be extremely shocking and overwhelming. After a fatal accident, it may not occur to people that such a tragic loss may have severe financial implications. The average funeral cost in the UK is nearly £2,000, and many families that lose a family member in an accident go on to suffer financial hardship. Just as victims of an accident are entitled to make a claim for damages if an accident was not their fault, family members can make claim too.

    Bereavement award

    There is a statutory award for bereavement available for family members who lose a loved one in a fatal accident. This is a fixed lump sum set by parliament. As of 2013, the statutory bereavement award was set at £12,900, but it may change in subsequent years due to inflation and other factors. Dependant family members of the deceased can make a bereavement award claim against anybody found negligent or at fault for a fatal accident.

    Dependants

    Not all family members can make a claim for the statutory award for bereavement, but only those considered ‘dependant’. A dependant is specified as a child under 18, a spouse or a partner that cohabited with the deceased for two years or more before the accident. Other relatives are not eligible, even if they relied on that person for financial support. However, eligible dependants can make a claim even if they have suffered no financial hardship, so long as the accident was the fault of somebody other than the deceased.

    Dependants’ claim

    In addition to the statutory award for bereavement, anybody that relied on the deceased person for their financial welfare can make what is known as a dependants’ claim against those responsible for the accident. When it comes to this type of claim, anybody related to the deceased and relied on financial support from them is eligible to claim, not just official dependents. These include children, spouses, parents, grandparents, grandchildren, aunts, uncles, cousin, nieces or nephews, so long as they relied on the deceased for some form of financial support. This is a separate claim that can be made regardless of whether somebody is eligible for a statutory award for bereavement or not.

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