Who can claim after a death
Quick Answer
If someone in your family died because of an accident or negligence, you may be able to make a claim. This page explains, in plain terms, who Scots law allows to do that.
There is no pressure here to do anything. Some families want to pursue a claim, some want answers, and some want neither. Knowing where you stand is useful either way.
The claim is about more than money
Scots law recognises something that many legal systems do not: that losing someone is not only a financial loss. A claim after a death can cover the loss of that person in your life — the grief, and the loss of their company, guidance and support.
In Scotland this is called a loss of society award. It exists because the law accepts that the relationship itself had value, separately from any money the person brought in.
Who can claim
The rules are set by the Damages (Scotland) Act 2011. In broad terms it works in two tiers.
Closest family
Those closest to the person who died can claim for the loss of the relationship itself:
- a husband, wife or civil partner
- a partner they lived with
- parents and children
- anyone accepted and treated as a parent or child — a stepchild, or someone raised as their own
The law looks at the real relationship, not only the formal one. A stepfather who raised someone from childhood is not excluded because there was no paperwork.
Wider family
Other relatives — brothers and sisters, grandparents, grandchildren — may also be able to claim, though what is available to them can differ from the closest group.
If you are unsure which applies to you, that is exactly the sort of thing to ask a solicitor. It is a short conversation, and the answer is usually clear quickly.
What a claim can cover
Depending on the circumstances, a claim after a death may include:
- Loss of society — the grief, and the loss of the person's company, guidance and support
- Loss of financial support the person provided, whether wages or otherwise
- Loss of the things they did — childcare, running the home, caring for a relative
- Funeral costs
- Any claim the person had themselves before they died, which can pass to their estate
Every case is different, and nobody can put a figure on it from a web page. What we can say is that the claim is usually broader than families expect.
Time limits
There is normally a three-year time limit for a claim after a death, and it usually runs from the date of death — though it can run from a later date where the cause only became clear afterwards.
Three years sounds like a long time. In practice, families often find that a fatal accident inquiry, a criminal case or simply the process of grieving takes up much of it.
Contacting anyone — including this site — does not stop the clock. Only raising a court action does. If you are approaching three years, treat it as urgent.
Our page on time limits covers the exceptions.
If there is an inquiry or a prosecution
A death may also lead to a Fatal Accident Inquiry, or to a criminal prosecution. Those are separate from a compensation claim and have different purposes: an inquiry establishes what happened and how it might be prevented, and a prosecution deals with criminal responsibility.
You do not have to wait for either to finish before speaking to a solicitor, and doing so does not interfere with them.
Frequently asked questions
We were not married. Can I still claim?
Often yes. Scots law recognises a partner you lived with. Speak to a solicitor about your circumstances.
Can more than one family member claim?
Yes. Several relatives can each have a claim, and they are usually dealt with together.
Is it too late if it happened two years ago?
Probably not, but you should act now rather than later. The three-year limit is real, and evidence gets harder to gather with time.
Do we have to go to court?
Most claims settle without a court hearing.
What does it cost to ask?
Nothing. A first conversation is free and carries no obligation, and claims are handled on a No Win No Fee basis — see what that means.
I am not sure I want to claim. Can I just ask questions?
Yes. Plenty of people speak to a solicitor to understand their position and decide later, or decide not to proceed at all.
Sources
- Damages (Scotland) Act 2011
- Prescription and Limitation (Scotland) Act 1973
- Scottish Courts and Tribunals Service — Fatal Accident Inquiries
This is general information, not advice, and it does not set out every category of relative or every head of claim. Who can claim, and for what, turns on the individual circumstances — a solicitor can tell you quickly and at no cost.
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Last reviewed: by the Personal Injury Claims Scotland editorial team