piClaiming for Others

Can you claim if a member of your family has died in an accident which wasn't their fault?

Potentially. The claim is primarily for the loss of dependancy such as the loss of financial or practical support.

Sometimes this is obvious, for example:

  • A husband or wife who has lost their spouse's income, or
  • A child who has lost a parent to provide for them.

It could also apply in other cases such as a parent who is financially supported by a child or a niece who is being funded through college by an uncle.

In order to establish a claim under the Fatal Accidents Act 1976 you would need to show that you fall within the category of ‘dependants' set out under the Act. Dependants, for the purposes of pursuing such a claim are widely drawn and can include:

  • A wife or husband,
  • A "common law" husband or wife,
  • A parent,
  • A child,
  • Nieces, nephews, aunts and uncles.

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