Fatal Accident Bereavement Award Extended

ASR Advantage Solicitors

23 September 2020

The Fatal Accidents Act 1976 is an important statute which allows the dependants of a person who has died due to the wrongdoing of another to claim damages.

The sorts of circumstances where the Act might apply are death as a result of:

Medical negligence
Road accident
Accident at work

The Act limited the categories of people who can claim, which includes:

Spouses or civil partners in respect of the death of the other
Parents of the person who has died if they were unmarried
Children

Dependants can claim for:

Funeral expenses
Bereavement damages
Loss of income and services dependency

From 6 October 2020, the category of people entitled to the statutory bereavement award is extended to include cohabitees. The claimant must have cohabited with the deceased person for a period of at least two years immediately prior to the death. This amendment was made to put right an incompatibility with the European Convention on Human Rights.

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