We acted for the family of a man who sadly died following a serious road traffic collision.
The case highlighted a difficult and often misunderstood area of the law – that even after a devastating loss, the compensation available to a family can sometimes be very limited depending on the circumstances of the claim.
Our role was to support the family through the legal process with care and sensitivity, while ensuring that every available aspect of the claim was fully investigated and pursued.
What Happened
Our client’s family member was travelling as a front seat passenger in a vehicle when the driver lost control of the car, causing it to leave the road and collide with fencing.
It was alleged that the driver had been travelling too fast for the conditions, had failed to maintain proper control of the vehicle, and had been driving while intoxicated.
The Injuries Suffered
The collision caused catastrophic head and facial injuries.
Medical evidence confirmed that he had suffered a severe traumatic brain injury that was not survivable. Although he was taken to hospital following the collision, he sadly never regained consciousness and passed away.
This medical evidence later became an important factor in how the claim was valued under the law.
Bringing the Claim on Behalf of the Estate
The claim was brought on behalf of the estate and included recovery of:
- funeral expenses
- other associated costs arising after the collision
The claim settled for £7,000.
Why Compensation Can Be Limited in Certain Fatal Accident Claims
One of the most difficult aspects of the case for the family was the limited compensation available despite the tragic circumstances.
Under the current law, compensation for pain and suffering depends partly on the injured person’s awareness following the accident. Because the medical evidence showed that he never regained consciousness after the collision, the amount recoverable for pain and suffering was very limited.
The family were also unable to claim bereavement damages in this case. Many people understandably assume that compensation is automatically available following the death of a loved one, but bereavement awards can only be claimed by certain eligible relatives under strict legal rules.
There was also no dependency claim, meaning there was no one financially dependent on him or relying on services he provided on a day-to-day basis.
As a result, the compensation recoverable by the estate was modest despite the devastating loss suffered by the family.
Understanding Bereavement and Dependency Claims
This case highlights an issue that many families are unaware of following a fatal accident. In some circumstances, where a loved one dies instantly or never regains consciousness, and there is no eligible claim for bereavement damages or financial dependency, the compensation available under the law can be surprisingly limited.
Every fatal accident claim is different, and many families may still be entitled to bring claims for:
- bereavement damages
- loss of financial dependency
- loss of services provided by a loved one
- funeral expenses and associated costs
Seeking early legal advice can help families understand what support and compensation may be available to them.
Speak to Our Expert Team
Fatal accident claims are among the most sensitive cases a family can face. At What’s My Claim Worth, we understand that legal action cannot undo what has happened, but we can help families obtain answers, access support, and pursue the compensation available to them with compassion and care.
Our experienced personal injury team can advise on:
- fatal road traffic accident claims
- bereavement damages
- dependency claims
- inquest support
- compensation for families following serious and fatal injuries
To speak to our team in confidence, call us on 01244 568535, email us at info@whatsmyclaimworth.co.uk or use our Claims Calculator and we’ll get back to you.