Personal injury

No Win No Fee Fatal Accident Claims

When a death is caused by someone else's negligence, the family faces an inquest, financial uncertainty and grief at the same time. A fatal accident claim cannot undo any of that, but it can secure answers and provide for those who depended on the person who died.

We act sensitively for families, coordinating any inquest with the civil claim so that evidence obtained in one supports the other. We will explain who is entitled to claim, what may be recovered and how the claim can be funded.

Can I Make a Claim?

  • The death was caused by negligence, a breach of statutory duty or an unlawful act.
  • A claim may be brought by the estate for losses suffered before death.
  • Dependants — including spouses, civil partners, cohabitees of two years or more, and children — may claim for loss of dependency.
  • A statutory bereavement award is available to a limited class of relatives.

Situations We Are Instructed On

  • Fatal road traffic collisions
  • Deaths at work, including falls from height and plant incidents
  • Deaths following asbestos exposure
  • Fatalities arising from failures in medical care
  • Deaths in public places caused by unsafe premises
  • Deaths resulting from criminal acts, where separate routes may apply

What Compensation Could I Claim?

  • Loss of financial dependency, calculated on the deceased's earnings and contributions
  • Loss of services such as childcare, home maintenance and support
  • Statutory bereavement damages for eligible relatives
  • Funeral expenses
  • The estate's claim for pain, suffering and losses before death

What can be recovered in any individual case depends on the medical evidence and on the losses that can be proved. We do not estimate figures before that evidence is available.

Evidence That Helps

  • The coroner's file, post-mortem report and inquest evidence
  • Police reports and any criminal or regulatory investigation material
  • Payslips, accounts, pension details and household financial records
  • Evidence of the deceased's role in the household and family life
  • Medical records covering the period before death

How Long Could the Claim Take?

The inquest often has to conclude before the civil claim can be resolved, and inquests can take a year or more to be listed. We progress the civil investigation in parallel wherever possible so the family is not left waiting unnecessarily.

No Win No Fee Funding for This Type of Claim

A No Win No Fee agreement — known in law as a conditional fee agreement — is a written contract between you and your solicitor. Under it, our fee for the legal work becomes payable only if your claim is successful. It is a way of funding a claim without paying our costs up front. It is not a promise about the outcome of your case, and it is not available in every matter.

How a No Win No Fee agreement works

  • Assessment first. We review the facts, the likely evidence and your prospects before deciding whether we can offer this type of funding.
  • If the claim succeeds. The opponent is usually ordered or agrees to pay a substantial part of your legal costs. A success fee — a percentage uplift on our charges, capped by law in personal injury work — is deducted from your compensation. The percentage will be stated in your agreement before you sign it.
  • If the claim does not succeed. You would not pay our fee for the legal work covered by the agreement. You may still be responsible for certain disbursements and, in some circumstances, the opponent’s costs, which is why insurance arrangements are discussed with you at the outset.
  • Deductions and other costs. Expenses such as medical reports, court fees, expert evidence and any insurance premium are dealt with separately. We will explain which of these may be deducted from your damages and how they are calculated.
  • Alternatives. You may already have legal expenses cover through a household, motor or credit card policy, or through a trade union. We will ask about this because it may be a better option for you.

Who may be eligible

Eligibility depends on the individual case, including whether another party appears to be legally responsible, whether the injury and losses can be evidenced, and whether the claim is brought in time. Some claims are not suitable for this form of funding. We will tell you honestly if we cannot act on this basis, and explain the alternatives that may be open to you.

The exact terms — including the success fee percentage, the disbursements involved and what would happen if the claim were unsuccessful — are set out in writing and explained to you before you decide whether to proceed. Nothing on this page is a guarantee about the outcome of a claim or a statement that any particular funding arrangement will be available. Please take advice about your own circumstances.

Speaking to a No Win No Fee Solicitor

The first conversation is an assessment, not a commitment. A solicitor will listen to what happened, identify who may be legally responsible and consider what evidence is likely to be available. In the context of fatal accident claims, that usually means looking closely at how the incident occurred, what records exist and how your injury has affected your work and daily life.

Once we understand the case, we can discuss funding. Where a conditional fee arrangement is appropriate, we will explain the terms, the deductions and the risks in writing so that you can make an informed decision. Where it is not appropriate, we will say so and set out any alternative route available to you, including existing insurance cover or union support. Either way, you will know where you stand before any work begins.

Fatal Accident Claims FAQs

Should the family be represented at the inquest?
Representation is not compulsory but is often valuable, because the evidence given can be central to the later civil claim.
Who can claim bereavement damages?
The statutory award is limited to a defined class of relatives. We will confirm eligibility in your particular circumstances.
We were not married. Can I claim?
Cohabitees who lived with the deceased as partners for at least two years before the death may be able to claim for dependency.
How is dependency calculated?
By reference to the deceased's income and contributions to the household, the number of dependants and the period over which support would have continued.

Speak to our team

Tell us what happened and we will assess the claim and explain the funding options that may be available to you, in writing, before you decide how to proceed.