1976. It was the year that Concorde took it’s first maiden flight, Apple launched it’s first computer, Star Wars was being filmed, Harold Wilson resigned as Prime Minister, ABBA released Dancing Queen and Brotherhood of Man won the Eurovision Song Contest for the UK with ‘Save Your Kisses for Me’. It was also the year that Bereavement Damages were introduced under the Fatal Accidents 1976.
Bereavement Damages is a payment that is made when a loved one has sadly suffered an ‘unlawful death’ which has been caused by a third party. In England & Wales, bereavement damages is a fixed sum, awarded to a restricted number of relatives. It is a statutory amount intended to reflect the grief of the qualifying recipients, rather than a loss of financial dependency.
The world looks very different now to how it did in 1976, and Bereavement Damages have long been criticised as archaic, with family life having changed so much since it was introduced and the sum awarded not keeping up with the rate of inflation.
Is it time for a review?
The History:
The law on Bereavement Damages in England & Wales, as set out in the Fatal Accidents Act 1976, entitles you to claim a set sum if you are the:
- Spouse or civil partner of the deceased
- partner of the deceased (cohabiting for two or more years)
- parents, where the deceased is a minor born within marriage
- mother, where the deceased is a minor born outside marriage.
This was updated in 2020 following a Court of Appeal case (Smith v Lancashire Teaching Hospitals NHS Foundation Trust and others), prior to that co-habitees and civil partners had been excluded. However, it is still felt that the current legislation is out of date, as there are a number of close relatives who remain ineligible, including:
- A child who loses a parent
- A parent who loses a child who is over 18 years old
- The father of a child born outside of marriage
- Siblings
- A grandparent who loses a grandchild
- A grandchild who loses a grandparent.
In Scotland, damages are awarded differently, with the courts looking at the relationship that the relative had with the deceased on a case by case basis and there are calls for that system to be replicated throughout the rest of the UK.
There are also differences when it comes to the amount. In England & Wales, the fixed sum for bereavement damages is just over £15,000. In Northern Ireland, the sum awarded is just over £17,000.00, while in Scotland, there is no fixed sum and the awards from courts are generally substantially higher.
The calls for reform
Whilst no figure can ever replace a loved one, time and time again we see loved ones who are already grieving, discover that they are ineligible for the award, and those that are eligible are given a fixed sum that is in no way reflective of the actual financial loss or emotional toll.
The Association of Personal Injury Lawyers have long spoken about the ‘token’ bereavement damages paid in England & Wales being enough and while the Ministry of Justice has made small changes to recognise societal change, there is still a long way to go before the laws on bereavement damages are recognised as anything other than ‘woefully out of touch‘.
The system, as it stands, is wholly unfair and we fully support the calls for reform in England & Wales, so that just payments are awarded based on the relationship the loved one had with the deceased.
How can we help?
If you or a loved one has suffered bereavement or serious injury due to a road traffic accident, our specialist Personal Injury team may be able to help you claim the compensation you are owed to help you with your recovery. Please contact us today to discuss your matter.
