Fatal Accident Claims — Scotland

Watermans offers expert assistance with fatal accident claims. A fatal accident claim for compensation arises when someone dies as a result of the negligence of another person or an organisation following an unexpected or unforeseen event.

Professional, Compassionate, Helpful

"Johnny Richardson at Watermans was so professional, compassionate and very helpful when dealing with my claim. Always emailed or called me with regular information and updates regarding my case."

K Harvie, Personal Injury Claim

The Short of It

  • Dealing with grief and emotional distress after a fatal accident is extremely tough.

    At Watermans, we aim to get you the emotional and financial support you need.

  • You may be eligible to claim fatal accident compensation

    if you are the partner, parents, sibling, child or other relative of the person who sadly lost their life.

  • The compensation you may receive can include funeral costs and compensation

    for the loss of financial support your loved one would have provided before their death, and compensation for the loss of the loved one from yo

  • Everything we do at Watermans

    is about getting you the resolution you need and providing straightforward legal advice.

  • The Long of It

    Fatal Accidents

    Fatal accident claims

    Dealing with grief and emotional distress after a fatal accident can be extremely tough. While it may seem like money is the last thing you would want to think about during this difficult time, a fatal accident compensation claim can really help take the financial pressure off after the tragic loss of a loved one.

    Sadly, more than 100 lives are lost each year on Scottish roads due to fatal car accidents. These accidents cause an enormous amount of grief and trauma for family members of the deceased, as well as any survivors of the accident.

    Fatal compensation claims are not limited to fatal car accidents. They also apply to fatal accidents involving any road user, whether it’s a cyclist, pedestrian or someone in any other motor vehicle. You are entitled to compensation for fatal injury claims if the person who caused the fatal accident is proven to be negligent.

    A fatal accident compensation claim can be challenging if you attempt to handle it on your own. Watermans takes care of the legal side of fatal injury claims, ensuring you get the maximum amount of compensation for your loss.

    Different types of fatal accidents

    There are many different kinds of fatal accidents you and your loved ones can claim compensation for against the negligent party. Whether you want to claim for an accident on the road, a workplace accident or a fatal injury claim abroad, our fatal accident solicitors can assist you.

    Fatal car accident claims

    When it comes to a fatal road traffic accident, you can make a claim due to a number of different negligent behaviours. For fatal road traffic accidents, compensation claims can be successful against parties who have driven under the influence of alcohol or drugs, used a mobile phone, failed to follow road rules, tailgated, or used a vehicle with faulty equipment.

    Workplace accidents

    You can make a fatal accident claim if your loved one suffered from fatal injuries in the workplace whether that involves dangerous equipment or machinery or an employer being negligent and failing to follow health and safety guidelines. Most fatal injury claims for workplace accidents occur in the construction industry. Fatal injury compensation claims can be made if the employer was negligent and the specialist fatal accident solicitors at Watermans can prove that the accident was someone else’s fault.

    Fatal industrial accident claims

    A fatal accident claim can be made when fatalities are caused by a disease or illness caused by someone else’s negligence, such as carbon monoxide poisoning and asbestos. The family of the deceased’s family can make a claim for this wrongful death, as well as for medical expenses for the person treated.

    Medical negligence

    You can also make a dependency claim if your loved one passes away due to a medical mistake. This could be a surgical error, delayed diagnosis, or something else.

    Compensation for fatality claims can be paid out if the death can be proven to be due to negligence at the hands of a medical professional. It is essential to obtain other professional medical opinions in cases like these.

    Making a Claim

    How do I make a fatal accident claim?

    The process of making a fatal injury compensation claim follows a similar procedure to other personal injury claims. However, the investigations carried out as part of the claim process may differ, and the payouts are distributed differently to account for the specific financial losses and hardships suffered by the deceased’s family.

    The first step is to contact us for legal advice during a no-obligation consultation following a fatal accident. We’re experienced in providing legal support to those who have lost a loved one in a fatal accident, and we are extremely knowledgeable about the intricacies of the Damages (Scotland) Act 2011. Our solicitors at Watermans will guide you through the process as sensitively as possible.

    After we’ve had a consultation, we will analyse the information regarding the accident and any evidence that we have and need in relation to the fatal claims. As soon as we’ve got all the details in place, we will let you know if we are of the opinion that there are reasonable prospects of success in the claim and we will intimate the claim on your behalf.

    Once you’ve been through the initial steps, we will handle everything for you. We will contact the person responsible for the fatal injury to let them know you are seeking compensation for a fatal accident and any associated accident damages. Our team will keep you updated on the progress of your claim at all times, so you don’t have to worry about anything.

    Whether it’s a road traffic accident, an accidental death at work, or another related fatal accident, we will do our best to recover damages during the grieving process after a loved one’s death.

    Make A Claim

    Fatal Accident Compensation

    How much compensation can I claim for a fatal accident?

    The amount of compensation you can receive for a fatal accident depends on who was at fault in causing the accident. Whether a third party is fully to blame or both drivers were at fault, you are still eligible to make a fatal road traffic accident claim for compensation. However, the compensation will be less than what you would receive if the deceased was not at fault.

    If the deceased was driving in a negligent manner and caused the accident, there are no appropriate grounds for family members to claim compensation.

    In some cases, fatal accidents may occur due to factors beyond anyone’s control, such as a driver experiencing a sudden medical episode like a heart attack. The claim process for these types of accidents can be more complex and may require a thorough investigation to determine liability and eligibility for compensation. It’s best to consult with an experienced fatal injury solicitor who can assess the specific circumstances of your case and provide guidance on the best course of action.

    What kind of compensation can I claim after a fatal accident?

    You are eligible to claim compensation for the following after a fatal accident:

    • Medical and hospital expenses prior to the death
    • Funeral expenses
    • Cremation expenses
    • Loss of financial support the deceased would have provided to their children or other relatives before their death
    • Loss of services, such as the care the deceased would have provided to dependent children
    • Loss of earnings prior to the accident that contributed to joint family income
    • The loss of having the loved one in your life – known as “loss of society”
    • The executor can also claim for the injuries and suffering of the deceased in the accident

    Why Watermans?

    Why should I choose Watermans to pursue my claim?

    Watermans make legal services look and feel easy so people can move forward in life.

    Watermans are one of the leading personal injury firms in Scotland.

    Our expert team is committed to doing everything to make the claims process straightforward for our clients following an accident. We take the hassle from you and fight each case in your corner to secure the maximum level of compensation.

    At Watermans, our team understands how trying the grieving process can be. Our fatal injury solicitors want to ensure that you are taken care of if you were financially dependent on the deceased.

    Move forward in life with straightforward legal advice

    When you claim for fatal injury, you can ensure that the negligent party is held legally and financially responsible for their actions and protect your financial future in the process. Our fatal accident claims solicitors can help make this settlement a lot easier to handle.

    Our expertise in personal injury covers a wide variety of areas, including accidents at work, public liability claims, traffic accidents, fatal and serious injury claims and cases relating to child and historical abuse.

    We represent thousands of clients throughout Scotland each year, securing millions of pounds in compensation for our clients. We work on a no-win, no-fee basis, which means that if your claim is unsuccessful, you won’t end up out of pocket.

    Fatal Accident Compensation - FAQs

    When making a personal injury claim, the Damages (Scotland ) Act 2011 states that you qualify for compensation if you are a relative claiming for patrimonial and non-patrimonial losses.

    The following people are eligible to claim due to financial risk or loss after a fatal accident:

    • The deceased’s spouse or civil partner
    • A former civil partner or spouse of the deceased
    • The deceased’s parents or guardians
    • The child/children of the deceased, including stepchildren
    • A family member who can prove financial dependency
    • The deceased’s siblings (brothers, sisters, half-brothers or half-sisters)
    • The deceased’s grandchildren or grandparent
    • The deceased’s uncle or aunt
    • The niece or nephew of the deceased

    If you are a relative of the deceased and unsure if you are eligible to claim fatal accidents compensation, reach out to a fatal accident solicitor in Scotland from our team and we will happily assist you.

    The Damages (Scotland ) Act 2011 allows you to make a claim in Scotland for a loved one who has passed due to negligence. To make a financial dependency claim, you have to be able to prove that you were financially dependent on the deceased person. This means that you suffered a financial loss due to the negligence causing the fatal accident.

    Additionally, those wanting to make dependency claims must have evidence that the deceased person supported them financially prior to the accident and would have continued to do so.

    When claiming compensation for a fatal accident, you may be entitled to recover various financial losses suffered as a result of your loved one’s death. These financial losses can include loss of income, loss of inheritance, and funeral expenses. To successfully claim these financial losses, you will need to provide evidence of your relationship to the deceased and demonstrate how their death has impacted you financially. This may include presenting financial records, invoices, and other relevant documentation.

    According to the Law Reform (Miscellaneous Provisions) Act, the deceased’s estate can also make a claim for financial losses that the deceased would have been able to recover themselves, including any continuous claims in progress until the date of death. The estate can also claim for the pain and suffering caused by the accident.

    The estate effectively acts in such a way as to recover finances that the deceased would have been able to, such as loss of salary, personal items, and more. With the Law Reform (Miscellaneous Provisions) Act, the dependants’ financial losses are paid out to the estate and then divided amongst beneficiaries claiming compensation.

    It’s important to make a claim as soon as possible following a fatal accident.

    There is a time limit of three years in which you can receive fatal accident claim compensation if you are one of the qualifying relatives. However, if the fatal accident claims process has either not concluded or a Court action has been raised within the three-year period, then it is time-barred, albeit there are some exceptions.

    There is an exception to the three-year time limit rule for claims. If you were under the age of 16 when the accident occurred, it was someone else’s fault, and nobody has made a claim for you, you have three years to either conclude the case or have a Court action raised from the date you turned 16.

    There are other certain exceptions to this claiming compensation rule if three years have already passed. Speak to a Watermans expert to ensure a successful claim.

    You are allowed to make a claim for funeral costs after a fatal accident, and this should be covered when the compensation is paid out on a successful claim. This is paid to the person, normally the executor, who made the payment. However, only reasonable costs will be covered.


    Have more questions about claiming fatal accident compensation? Request a callback from an expert fatal accident solicitor at Watermans for compassionate and straightforward legal advice for fatal accident claims.

    Get in touch with us

    Everything we do at Watermans is about getting you the resolution you need and making that process straightforward. Start the process by sending us your details below or calling us on 0131 555 7055

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    Our personal injury claims expert

    “Making a claim for compensation can be such a daunting process for people, so I try to make it as straightforward and easy to understand as I can for them.”

    Susanne McGraw, Head of Personal Injury