Understanding the Types of Damages in Fatal Clinical Negligence Claims
Losing a loved one due to a medical mistake is beyond devastating. Alongside the emotional pain, and often financial hardship, that follows any loss, families are also left with unanswered questions. If a death was caused by negligent medical care, you may be entitled to make a fatal medical negligence claim.
This kind of claim aims to secure fair compensation to help ease the financial and practical impact of your loss. Below, we explain the main types of damages that may be awarded in fatal medical negligence cases.
How much compensation can you get for a fatal medical negligence claim?
Bereavement damages are meant to recognise the grief caused by the wrongful death of a loved one. Since May 2020, the amount you can claim has been fixed at £15,120 under the Fatal Accidents Act 1976, which applies in England and Wales.
This award is limited to specific people, including:
- The deceased’s spouse or civil partner
- The parents of a child under 18 (if the child was unmarried)
Although this payment cannot encompass the full emotional loss, it offers a formal acknowledgment of the family’s suffering.
There have been many calls from the legal profession and campaign groups for an increase to the statutory bereavement award in England and Wales. The amount currently paid is often considered too low and the eligibility criteria too restrictive. However, the Government has resisted calls for a full reform of the system for compensation when a loved one has died.
What is a dependency claim?
If you relied on your loved one for financial or practical support, you may be entitled to a dependency claim. This compensates families who were dependent on income, benefits, or services the deceased provided.
Examples of dependency losses include:
- Loss of salary, pension, or other financial support
- Loss of childcare, household help, or personal care
- Loss of companionship, guidance, and emotional support
The spectrum of people entitled to a dependency claim is wider than those entitled to the bereavement award. As a dependency claim must give a complete picture of the compensation needed to account for the lack of a person, it’s best to use a firm of solicitors experienced in calculating the full spectrum of losses that can come from a death in the family. That’s why our fatal medical negligence solicitors work closely with you and financial experts to ensure every aspect of your loss is properly valued.
Does a dependency claim cover funeral and related expenses?
Families can claim reasonable funeral expenses as part of a fatal negligence case. This may include:
- Funeral service and burial or cremation costs
- Associated transport or memorial expenses
- Medical and travel costs incurred before death
Courts will generally only approve reasonable expenses, but your solicitor can help ensure all valid costs are recovered.
The person’s estate can also claim
The deceased’s estate can also bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934. This covers:
- Pain and suffering endured between the negligent act and death
- Financial losses incurred during that period, such as lost earnings
Any damages awarded under this part of the claim will go to the estate and be distributed according to the deceased’s will or intestacy rules.
Trusted support after a fatal medical mistake
While compensation cannot undo the tragedy, a successful claim can provide financial stability and peace of mind. It can also help drive improvements in medical care, ensuring lessons are learned and similar mistakes are not repeated.
Our specialist fatal clinical negligence solicitors understand how sensitive these cases are. We offer free, confidential advice, guiding you through every stage of the process with compassion and professionalism.
Contact us today to speak to one of our experts and find out if you can make a fatal medical negligence claim.