Fatal accident claims Scotland
Losing a family member because of someone else's negligence is devastating. On top of grief, many families face financial uncertainty and unanswered questions about what happened. A fatal accident claim in Scotland cannot undo what has occurred, but it can provide financial security and a degree of accountability.
This guide explains who can claim, what compensation is available under Scots law, and how the process works.
TL;DR: Close relatives of a person who has died due to someone else's negligence can claim compensation in Scotland. The three-year time limit runs from the date of death. Claims are handled on a No Win No Fee basis. Call 0800 123 4567 for a free, compassionate assessment.
Who can bring a fatal accident claim in Scotland?
Fatal accident claims in Scotland are governed by the Damages (Scotland) Act 2011. The Act specifies who has the right to claim and what they can recover.
Relatives with an automatic right to claim
The following relatives have an automatic right to claim where their relationship with the deceased is established:
- Spouse or civil partner
- A person who had been living with the deceased as husband, wife or civil partner for at least two years immediately before the death
- A parent
- A child (including step-children and children accepted into the family)
- A brother or sister
- A grandparent
- A grandchild
- An uncle or aunt
- A nephew or niece
- A cousin
The court can also allow a claim by other relatives in appropriate circumstances.
What can relatives claim for in a Scottish fatal accident case?
Loss of society
Loss of society compensates relatives for the loss of the personal relationship with the deceased, including the love, care, guidance and affection they provided. This is a distinctly Scottish provision and has no direct equivalent in English law.
Loss of society awards in Scotland vary by the closeness of the relationship and the age of both the deceased and the claimant. In practice, the figures awarded in Scotland are generally more generous than equivalent claims in England.
Loss of financial support (dependency)
Where the deceased was providing financial support to family members, dependants can claim for the loss of that support. This is calculated based on the deceased's likely future earnings and the extent to which those earnings were being used to support the claimant.
For a spouse or cohabiting partner with children, this can be a substantial sum, particularly where the deceased was a high earner or young at the time of death.
Services
Where the deceased provided services to the family that now have to be obtained or paid for (for example, childcare, home maintenance, gardening), the family can claim for the reasonable cost of replacing those services.
Reasonable funeral expenses
The cost of the deceased's funeral is recoverable as a head of claim.
The deceased's own claim (solatium and patrimonial loss)
The deceased's estate can also claim for the pain, suffering and financial losses the deceased experienced between the date of the accident and the date of death. This forms part of the estate's claim and passes to the estate.
How is loss of society calculated in Scotland?
Loss of society awards are determined by the court based on guidance from previous cases. Indicative figures (which continue to develop through case law) are:
| Relationship | Indicative range |
|---|---|
| Spouse or long-term cohabiting partner | £80,000 to £120,000+ |
| Child claiming for parent's death | £20,000 to £50,000+ |
| Parent claiming for child's death | £50,000 to £100,000+ |
| Sibling | £10,000 to £20,000 |
These figures are indicative only and will depend on the strength of the individual relationship and the circumstances. The total claim also includes financial dependency, services, and funeral expenses, which can significantly increase the overall value.
What causes fatal accident claims in Scotland?
Fatal accident claims can arise wherever negligence causes a death. Common causes include:
- Fatal road traffic accidents (car, motorcycle, cyclist, pedestrian, HGV)
- Fatal accidents at work, including falls from height, machinery accidents, and exposure to hazardous substances
- Medical negligence resulting in death
- Deaths from asbestos-related diseases (mesothelioma)
- Fatal accidents in public places due to inadequate safety measures
What is a Fatal Accident Inquiry (FAI) in Scotland?
A Fatal Accident Inquiry (FAI) is a public judicial inquiry held in Scotland to investigate the circumstances of a death. FAIs are distinct from civil compensation claims. An FAI is held in the Sheriff Court and is presided over by a sheriff.
FAIs are mandatory in certain circumstances (deaths in workplace accidents, custody, and some other situations) and discretionary in others. The outcome of an FAI is a determination by the sheriff setting out the facts of the death, any systemic failures, and recommendations.
An FAI is not a compensation claim. It does not award damages. However, the findings of an FAI can be highly relevant evidence in a subsequent civil compensation claim, and your solicitor will monitor any FAI proceedings closely.
An FAI can also be a source of important evidence about the circumstances of a death where liability is disputed in a compensation claim.
What is the time limit for a fatal accident claim in Scotland?
Under the Prescription and Limitation (Scotland) Act 1973, relatives generally have three years from the date of death to raise court proceedings.
Where the cause of death was not immediately apparent (for example, a death from an asbestos-related disease), the three-year period may run from the date the family first knew or could reasonably have known that the death was caused by negligence.
Is a fatal accident claim handled on No Win No Fee?
Yes. Fatal accident claims are handled on a No Win No Fee basis:
- Nothing to pay to begin the claim
- Nothing to pay if the claim is unsuccessful
- Compensation is paid to the bereaved family without deduction in most cases
How does a fatal accident claim work in Scotland?
Step 1: Free assessment
A solicitor meets with the family to understand the circumstances of the death and advise on the prospect of a claim. This is done sensitively and at whatever pace suits the family.
Step 2: Evidence gathering
Your solicitor will gather evidence including accident reports, police reports, medical records, witness statements, and, where relevant, the findings of any Fatal Accident Inquiry.
Step 3: Pre-Action Protocol
A formal letter of claim is sent to the responsible party. The defender has three months to investigate and respond.
Step 4: Valuing the claim
An independent forensic accountant or actuary may be instructed to calculate the financial dependency and future losses. Medical experts may report on the circumstances and cause of death.
Step 5: Settlement or court proceedings
Most fatal accident claims settle through negotiation. If the case cannot be resolved, proceedings are raised in the Sheriff Court or Court of Session. Court proceedings are a last resort.
Frequently asked questions
Can we claim even if there has been a Fatal Accident Inquiry? Yes. An FAI is a separate process from a civil compensation claim. Its findings can support your claim, but you are not prevented from claiming regardless of the FAI outcome.
What if a criminal prosecution is taking place as well? A criminal prosecution (for example, for death by dangerous driving) and a civil compensation claim are entirely separate. You can pursue a civil claim regardless of whether criminal proceedings are underway or have concluded. A criminal conviction is strong evidence of negligence in a civil claim.
Can we claim if our family member was partly at fault? Yes. Contributory negligence applies in Scotland: the compensation is reduced in proportion to the deceased's share of the blame, but the family is not prevented from claiming.
What if the accident happened at work and the employer no longer exists? Employers were required to hold employers' liability insurance. Even if the employer has ceased trading, the insurer remains liable. Tracing the insurer is part of your solicitor's role.
What if multiple family members want to claim? Each eligible family member has their own right to claim. Your solicitor will coordinate the claims and ensure all eligible relatives are represented.
Does the fatal accident claim affect benefits entitlement? It can. If the family receives means-tested benefits, a large compensation payment may affect entitlement. A personal injury trust can protect the award. Your solicitor can advise on this.
How long will the claim take? Fatal accident claims vary considerably. An admitted liability case with clear financial dependency may settle within 12 to 18 months. Disputed liability or complex financial dependency cases may take longer.
Get specialist help today
We understand that pursuing a claim is the last thing on your mind when you are grieving. Our solicitors will handle every aspect of the process on your behalf, with care and discretion, so that you can focus on your family.
Call 0800 123 4567 for a free, no-obligation assessment. We handle fatal accident claims across Scotland on a No Win No Fee basis.
