A fatal accident claim in the UK serves a specific legal purpose. It compensates those left behind for the financial losses the death has caused. The framework is precise, so solicitors and the parties they represent need to understand what they can and cannot claim.
This article explains the legal basis for a fatal accident claim in England and Wales. It covers road traffic accidents, workplace accidents, clinical negligence and other deaths caused by a third party’s negligence. We set out the heads of loss that solicitors can pursue and who can claim. We also explain how to calculate the dependency proportion and where forensic accounting expertise adds real value to the quantum assessment.
The Legal Framework: Two Acts, Two Routes
Two pieces of legislation govern fatal accident claims in England and Wales, and they operate in parallel.
The Fatal Accidents Act 1976 allows dependants of the deceased to recover compensation for losses arising from the death itself. These include financial dependency and the statutory bereavement award. The personal representative brings claims under this Act for the benefit of the surviving dependants.
The Law Reform (Miscellaneous Provisions) Act 1934 preserves any cause of action that the deceased could have brought had they survived. This covers losses the deceased incurred between the date of the accident and the date of death. Examples include pain and suffering, loss of earnings during that period, and damage to property. The deceased’s personal representative brings these claims on behalf of the estate.
In practice, most fatal accident claims include elements under both Acts. The deceased’s personal representative(s) or executor pursue the two together.
Who Can Claim?
Not everyone affected by a death is legally entitled to bring a claim. The Fatal Accidents Act 1976 defines a specific class of dependants, which includes:
- The spouse, civil partner or former spouse of the deceased
- A cohabiting partner who lived with the deceased as husband or wife for at least two years immediately before the death. The law extended this eligibility to cohabiting partners in October 2020
- Children and stepchildren of the deceased
- Parents, stepparents and those treated by the deceased as a parent
- Siblings, aunts, uncles and their descendants
Siblings, extended family and others in that wider group will only succeed with a dependency claim if they can show an actual financial dependency on the deceased. A family relationship alone is not enough.
Where more than one person is eligible to bring a claim, all dependants must bring a single action together. Failing to include an eligible person at the outset carries professional risk. That person may later apply to join the action or pursue a separate claim.
What Can Be Claimed?
1. Loss of Financial Dependency
This is typically the largest and most financially significant element of a fatal accident claim. It compensates dependants for the income or financial support they have lost as a result of the death.
The calculation begins by establishing a multiplicand, the annual net value of the dependency. To reach it, the calculation applies a dependency proportion to the deceased’s net earnings. This shows what share of those earnings was available to the dependants (see the section below on the dependency proportion). The calculation then multiplies the multiplicand by an appropriate multiplier drawn from the Ogden Tables. The multiplier accounts for the deceased’s likely working life, life expectancy and relevant contingencies.
Since the Supreme Court’s decision in Knauer v Ministry of Justice [2016] UKSC 9, courts now assess the multiplier from the date of trial rather than the date of death. This change significantly increased the value of dependency claims. The Ogden Tables (8th Edition) reflect it, with updated multipliers at the current discount rate of +0.5%. That rate has applied in England and Wales since 11 January 2025.
Where the deceased was self-employed, a business owner, or had variable earnings, the calculation is considerably more complex. Solicitors routinely instruct forensic accountants in these cases. The accountant establishes pre-death income, models the trajectory the business or career was following, and produces a robust, court-ready assessment of the annual multiplicand.
2. The Bereavement Award
The Fatal Accidents Act 1976 provides for a fixed statutory bereavement award, currently £15,120. Only a narrow category of claimants can receive it. The first group is the spouse, civil partner or cohabiting partner of the deceased. Cohabiting partners qualify where the death occurred on or after 6 October 2020. The second group is the parents of a deceased child who was a minor and had never married or entered a civil partnership.
Where more than one eligible person exists, the parties must divide the £15,120 equally between them. Adult children, siblings and other relatives do not qualify for the bereavement award.
3. Funeral Expenses
Dependants can recover reasonable funeral costs where they paid them, rather than the deceased’s estate. Courts apply a degree of practical latitude when assessing what is reasonable.
4. Estate Claims Under the 1934 Act
The estate can pursue claims under the Law Reform (Miscellaneous Provisions) Act 1934. These cover losses and suffering the deceased incurred between the accident and death. Where death was not instantaneous, this may include:
- General damages for pain, suffering and loss of amenity during that period, calculated by reference to the Judicial College Guidelines
- Loss of earnings from the date of the accident to the date of death
- Care costs the deceased incurred before death
- Damage to the deceased’s personal property, including any vehicle involved in the accident
One significant limitation of the 1934 Act is that it does not permit a claim for loss of earnings during the “lost years”. These are the years of life expectancy the death has cut short. The dependency claim under the 1976 Act addresses that potential loss instead.
5. Pension Loss
Where the deceased was in employment and contributing to a pension scheme, dependants may also have a claim for lost pension provision.
This is particularly significant in cases involving defined benefit schemes, public sector employment or where the deceased was nearing retirement age. The calculation requires an understanding of the pension scheme’s structure, projected benefits and the impact of the death on the dependant’s own retirement position.
6. The Court Disregards Benefits from the Death
Under the Fatal Accidents Act 1976, the court must disregard any financial benefit the dependants receive as a result of the death. This is a critical feature of how it assesses the dependency claim. Life insurance proceeds, pension death-in-service benefits, inheritance from the deceased’s estate and similar receipts do not reduce the compensation award.
The Dependency Proportion: Harris v Empress Motors
One of the most important elements in the calculation of a financial dependency claim is establishing the correct dependency proportion. This is the percentage of the deceased’s net earnings that the court treats as available to the dependants. It excludes what the deceased spent on themselves.
The Harris v Empress Motors Methodology
The leading authority on this calculation is Harris v Empress Motors Ltd and Cole v Crown Poultry Packers Ltd [1984] 1 WLR 212, decided by the Court of Appeal. The case established a practical, three-stage methodology:
- Assess the living expenses of the deceased.
- Deduct from the deceased’s net earnings the proportion spent on maintaining themselves at the standard of life appropriate to their case.
- Do not deduct sums spent to maintain or benefit others from net earnings. Only expenditure on the deceased themselves reduces the dependency.
Harris v Empress Motors also established conventional dependency proportions. Courts widely apply these as the starting point in most cases:
- Where the deceased and dependant(s) lived together with one or more dependent children: 75% of the deceased’s net earnings
- Where the deceased and dependant(s) lived together with no dependent children: 66.67% (two-thirds) of the deceased’s net earnings
These conventional figures reflect the share of joint household income that the surviving dependants had access to. Courts apply them as a broad-brush approach where precise evidence of expenditure patterns is unavailable.
Departure from the Standard Proportions
The conventional Harris v Empress Motors percentages are a starting point, not a rigid rule. Courts typically apply the standard proportions, but they can depart from them where the evidence supports it.
The court decides each case on its own facts. Where striking evidence makes the conventional figure inappropriate, the court retains discretion to adjust the proportion.
For forensic accountants who receive instructions in fatal accident cases, the dependency proportion is a critical input into the quantum calculation. The deceased’s personal expenditure may have been unusually low or high, or the household arrangements atypical. In those cases, it is important to consider whether the conventional percentages fairly reflect the actual dependency.
In appropriate cases, Frenkels Forensics can advise whether the evidence supports a departure from the standard proportions. We will then reflect any agreed or argued proportion in the multiplicand calculation.
The Role of the Forensic Accountant in Fatal Accident Claims
The financial complexity in a fatal accident claim is often considerable. This is particularly so where the deceased was self-employed, owned or ran a business, or held a complex remuneration package. It also applies where the dependency extends over a long period involving multiple heads of loss.
A forensic accountant instructed as an expert witness under Civil Procedure Rules Part 35 will typically:
- Analyse the deceased’s pre-death earnings, including salary, dividends, benefits in kind and pension contributions
- Establish the appropriate multiplicand for financial dependency by applying the Harris v Empress Motors methodology to determine the dependency proportion
- Produce multiplier calculations using the Ogden Tables at the current discount rate of +0.5%
- Assess pension loss, taking into account scheme type, projected benefits and the impact of the Civil Liability Act 2018
- Consider whether the evidence supports a departure from the standard dependency proportions
Where the deceased was self-employed or a business owner, the assessment is more demanding still. The forensic accountant must project the income the deceased would have generated over their remaining working life. This takes into account business trajectory, growth patterns, sector conditions and how the deceased drew remuneration.
Frenkels Forensics can also assist on cases involving multiple scenarios for the deceased’s and dependants’ earnings. These can reflect different earnings paths, retirement ages, life expectancies and dependency proportions. We prepare CPR Part 35 compliant expert reports, desktop reports and letters of advice. For firms handling high volumes of cases, we also prepare white-label schedules of loss.
More information about our fatal accident claim services is available at frenkels.com/expertise/personal-injury.
Limitation Period
Claims under the Fatal Accidents Act 1976 must generally come to court within three years of the date of death. If later, the period runs from the date the claimant first knew that a defendant’s negligence caused the death. Courts have discretion to extend time in exceptional circumstances, but they do not routinely grant extensions. The Limitation Act 1980 governs these time limits in England and Wales.
Frequently Asked Questions
Can adult children make a fatal accident claim?
Yes, adult children can bring a claim under the Fatal Accidents Act 1976. However, they must show a financial dependency on the deceased. An adult child who was financially independent of the deceased will generally not have a qualifying dependency claim.
Does the bereavement award apply to every close relative?
No. Only a narrow group can receive the £15,120 bereavement award. This covers the spouse, civil partner or cohabiting partner of the deceased. A cohabiting partner must have lived with the deceased for at least two years immediately before the death. The award also covers the parents of a deceased minor who had never married or entered a civil partnership. Adult children, siblings and other relatives do not qualify.
What if the deceased had no earnings at the time of death?
A financial dependency claim requires the deceased to have had income that was available to the dependants. However, future projected earnings may be relevant in some cases. Where the deceased was not working, the specific circumstances will need careful analysis.
How is the dependency proportion calculated?
The starting point is the conventional figure from Harris v Empress Motors. This is 75% of net earnings where there are dependent children, or 66.67% where there are none. These proportions represent the share of the deceased’s net earnings that the court treats as available to the dependants. Courts typically apply these standard proportions, but they can depart from them, upwards or downwards, where the evidence supports it.
How are the compensation figures calculated?
The financial dependency calculation uses a multiplier and multiplicand approach. The multiplicand is the annual net value of the dependency (applying the relevant dependency proportion to the deceased’s net earnings). Courts draw the multiplier from the Ogden Tables and apply it from the date of trial. It reflects the deceased’s life expectancy, retirement age and relevant contingencies. In complex cases, a forensic accountant will prepare a detailed quantum report. This sets out each element of loss with supporting calculations.
Can benefits received after the death reduce the compensation?
Typically no. Under Section 4 of the Fatal Accidents Act 1976, the court disregards any benefit the dependants receive as a result of the death. This includes life insurance, death-in-service benefits and inheritance. The position is less clear-cut where the deceased’s pension funds pass to surviving dependants. This point usually needs discussion with the legal team.
When is a forensic accountant needed?
A forensic accountant is most valuable where the financial picture is complex. This includes cases where the deceased was self-employed, a business owner or director. It also includes cases where earnings included dividends, bonuses or benefits in kind. A significant pension element or a dispute about the dependency proportion also points to the need for one. In high-value employed cases, forensic accounting expertise can also add value in contested matters.
Is there a time limit for bringing a fatal accident claim?
Yes. Claimants must generally issue proceedings within three years of the date of death or the date of knowledge of the relevant negligence. Courts have a discretion to extend time in exceptional cases, but they do not exercise it routinely. Claimants should seek specialist legal advice as early as possible.
How Frenkels Forensics Can Help
Fatal accident claims require forensic accounting expertise that goes beyond standard personal injury quantum work. Assessing loss of dependency for self-employed individuals, business owners or those with complex remuneration takes a thorough understanding of the financial evidence. It also requires knowledge of the legal framework within which solicitors must present it.
Claimant and defendant solicitors regularly instruct Frenkels Forensics in fatal accident claims arising from personal injury and clinical negligence.
Our work includes CPR Part 35 compliant expert reports, desktop reports and letters of advice. For firms handling high volumes of cases, we also prepare white-label schedules of loss. We can also assist on cases involving multiple scenarios. These can reflect different earnings paths, retirement ages, life expectancies and dependency proportions.
We also offer free in-house training for legal practitioners on the calculation of fatal accident losses.
To discuss a fatal accident matter with our specialist team, please contact us via frenkels.com/expertise/personal-injury.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal or financial advice. Readers should seek independent professional advice in relation to the specific facts of their case.
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