Last Updated on April 28, 2025 by tanya

What Families Should Know About Wrongful Death Claims

 

How To File A Claim For Compensation

 

It is devastating to lose a family member because of someone else’s negligence and here is a guide on what families should know about wrongful death claims. In a time of grief, an added sense of anger and injustice of such a loss can leave you feeling completely overwhelmed.

However, if your loss is a result of another party’s mistake or negligence, you may be entitled to pursue a claim for compensation. While taking on legal action may feel just too much while you’re grieving, compensation allows you secure justice and financial security for the years ahead.

It’s important to seek expert legal opinion to assess your potential claim and help you navigate any legal complexities. Our team can help you as we partner with experienced lawyers who can assess your case.

 

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action that the family or dependants of a deceased person can bring when their death was caused by the wrongful act, negligence, or default of another party.

Common scenarios leading to wrongful death claims include:

 

• Fatal road traffic accidents
• Medical negligence resulting in death
• Workplace accidents
• Fatal accidents in public places
• Criminal acts (e.g., assault or manslaughter)

The key principle is that the death was caused by someone else’s breach of duty, wrongdoing, or carelessness.

 

Who Can File a Wrongful Death Claim?

Not just anyone can bring a wrongful death claim. The law defines specific individuals who are entitled to pursue compensation. These include:

 

• The spouse or civil partner
• Children (including adopted and stepchildren)
• Parents (or anyone treated as a parent, such as a stepparent)
• Siblings (in certain cases)
• Cohabiting partners who lived with the deceased for at least two years prior to death
• Other dependants, such as grandchildren or grandparents, if they were financially dependent on the deceased

A claim may also be brought by the executor or administrator of the deceased’s estate on behalf of the dependants.

 

When Can You File a Wrongful Death Claim?

Timing is important as wrongful death claims must generally be filed within three years of the date of death. Or it can also be from the date you first became aware that the death was linked to another party’s negligence – this is known as the “date of knowledge”.

There are a few important factors to consider with this:

• For deaths involving medical negligence, the “date of knowledge” might differ from the date of death. This may be if negligence only became apparent after investigations or an inquest.
• If the deceased was a child, the three-year period begins from the date of their death.

If you miss this three-year window, you may lose your right to claim. However, courts do have discretion to allow late claims in exceptional circumstances.

 

What Can You Claim For?

A wrongful death claim allows you to seek various types of compensation, including bereavement damages which recognises grief and suffering. Only specific close relatives, such as spouses, civil partners, or parents of a deceased minor may claim for bereavement damages.

Family members may also claim for loss of financial dependency if the deceased provided financial support. This can include income, mortgage payment , or childcare.

Reasonable funeral costs may also be recovered as part of a wrongful death claim. If the deceased experienced conscious pain and suffering between the negligent event and their death, damages may also be awarded for that suffering.

 

The Importance of Evidence

A successful wrongful death claim depends on proving that another party was legally responsible for the death. That means gathering strong evidence, such as:

• Medical reports and post-mortem findings
• Police reports (in cases of a traffic accident or criminal action)
• Witness statements
• CCTV footage or photographs
• Expert opinions (for example, from medical or accident experts)

As evidence can deteriorate or be lost over time, you should seek legal advise as early as possible.

 

Will You Have to Go to Court?

Many wrongful death claims are resolved without going to trial. Solicitors will often negotiate with the at-fault party’s insurers to reach a settlement. However, if the other party disputes liability or offers insufficient compensation, the case may proceed to court.

 

Filing A Claim For Compensation

The good news is that most wrongful death claims are pursued on a No Win, No Fee basis. This means you usually won’t have to pay legal fees unless your claim succeeds.

Always ensure you understand any fee agreement with your solicitor, who should take you through your potential claim with sensitivity and empathy.

Reaching out to a trusted claims company can make a significant difference in your journey ahead. At First Personal Injury, we work with experienced lawyers who operate on a ‘No Win, No Fee’ basis and will ensure you receive all the support you need. Call us at 0333 358 2345 or contact us online at First Personal Injury to learn more.