Fatal Accidents — No Win No Fee
When a person dies due to another party's negligence, their dependants can bring a fatal accident claim under the Fatal Accidents Act 1976. These claims are handled on a no win no fee basis and include a statutory bereavement award of £15,120.
What Are the Two Types of Fatal Accident Claims?
Direct Answer: Two claims arise when someone dies from negligence: a dependants' claim under the Fatal Accidents Act 1976 (for financial losses) and an estate claim under the Law Reform Act 1934 (for pre-death pain and suffering). Both can be brought on a CFA basis. The bereavement award is £15,120.
When a person dies due to negligence, two distinct claims may arise:
- Fatal Accidents Act 1976 claim — brought by the dependants for their own losses, including the dependency (loss of financial support) and bereavement award
- Law Reform (Miscellaneous Provisions) Act 1934 claim — brought on behalf of the deceased's estate for the deceased's own losses before death, including pain and suffering, medical expenses, and lost earnings
What Is a Dependency Claim?
The dependency claim is the most significant element of most fatal accident cases. It compensates dependants for the financial support they have lost and will lose in the future as a result of the death. The claim is calculated based on the deceased's earnings, minus a deduction for the deceased's own living expenses (typically 25%–33%). The multiplier-multiplicand method is used, with the multiplier taken from the Ogden Tables.
How Is Services Dependency Calculated?
In addition to financial dependency, dependants may claim for the loss of services the deceased provided — such as childcare, household maintenance, DIY, and gardening. These are valued at the commercial cost of replacing the services.
Common Scenarios
- Fatal road traffic accidents
- Fatal workplace accidents
- Death from clinical negligence
- Death from industrial disease (mesothelioma, asbestosis)
- Fatal accidents on defective premises
Frequently Asked Questions
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- Fatal Accidents Act 1976
Applies in England and Wales. Does not extend to Scotland.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.