In this guide, we will look at how you can use a road accident death claim calculator to value a claim. If your loved one has passed away in a road traffic accident because of a breach of duty of care, you could be eligible to claim on their behalf.
Our guide will answer some commonly asked questions, including:
- What are some potential causes of fatal car accidents?
- Can I claim for emotional pain and suffering?
- How can a No Win No Fee panel of solicitors help with a claim?
- How do I use a car accident death compensation calculator?
- What potential settlement could be awarded in these kinds of claims?
Our advisors offer free legal advice 24/7, so you can call them at a time that works for you. If you have any questions or want to know whether you have a valid claim, call them whenever you want. You can do this on 0800 408 7826.
For more information about how a car accident compensation calculator can help you, please read on.
Jump To A Section
- A Guide To Using A Road Accident Death Claim Calculator
- What Is A Road Accident Death?
- What Things Can You Include In A Road Accident Death Claim?
- Common Causes Of Road Accident Deaths
- Road Accident Death Statistics
- Care Claim After A Road Accident Death
- How To Use A Road Accident Death Claim Calculator
- How Much Could I Expect To Claim For A Road Accident Death?
- Road Accident Death Claim Calculator
- No Win No Fee Claim Agreements For A Road Accident Death
- Get Free Legal Advice From Our Team
- Ask Our Team To Calculate Your Road Accident Death Payout
- Resources And Case Studies
- FAQs On Road Accident Death Claims
Road traffic accidents can cause serious injuries. In some cases, they can even be fatal. Our road accident death claim calculator can help you assess how much compensation could be owed for an accident in which someone loses their life.
In a compensation claim following a road accident, the claim can be made by the estate on behalf of the deceased as per the Law Reform (Miscellaneous Provisions) Act 1934. The Fatal Accidents Act 1976 allows certain family members to make a claim for a bereavement award or loss of dependency. Usually, a fatal accident claim will encompass damages as laid out in both of these acts.
For more information on the process of claiming compensation if a loved one has passed away in a fatal car accident, speak with a member of our team today. Otherwise, read on for more information on how to claim for a road accident death.
There is a wide range of different circumstances that could lead to a fatal road accident. However, in order for you to be able to claim compensation, certain criteria must be met.
The accident must have been brought about as the result of a breach of duty of care. This means that another road user failed to take the expected steps to ensure the safety of others on the road.
The duty of care that road users owe one another is no longer equal. As of 29th January 2022, new rules have been introduced in an attempt to protect more vulnerable road users, such as pedestrians and cyclists. Those in control of vehicles that have the potential to cause greater harm have the greatest responsibility to reduce danger to more vulnerable road users.
You could use a road accident death claim calculator to see how much a claim could be worth. Alternatively, you can get in touch with a member of our team today for free legal advice and a no-obligation valuation of your claim.
When you make a claim for compensation after a loved one has passed away as a result of negligence, there are several different kinds of damages that could be awarded. The first of these is referred to as general damages.
This is the part of the compensation that covers the pain and suffering that the deceased experienced before they passed away. It’s worked out with the help of a publication called the Judicial College Guidelines.
In addition to this, you could be awarded a bereavement payment. This can be paid to certain qualifying relatives under the Fatal Accidents Act and is a flat payment of £15,120. This can be divided if more than one person is claiming this award.
Certain relatives could also claim a dependency award. This is where you’re awarded compensation for the loss of financial dependency you experience as the result of losing your loved one.
Our road accident death claim calculator can be useful, but it will not include a dependency award or bereavement award. For a more all-encompassing valuation of your claim, get in touch with our team today.
This section will highlight the different factors that could cause a fatal road accident to occur. This list isn’t exhaustive, however; a loved one could have passed away as a result of a fatal accident that happened in a way we have not mentioned below.
Accidents caused by careless or inconsiderate driving
Careless or inconsiderate driving is where someone drives without paying due care and attention to the road. The requirement to drive with care and attention can be found in Section 3 of the Road Traffic Act.
Careless or inconsiderate driving is driving that falls below the expected standard of a competent and careful driver. It can include:
- Being avoidably distracted while driving by changing the radio station, for example.
- Driving too close to a vehicle in front.
- Turning into the path of another vehicle.
Accidents caused by dangerous driving
Dangerous and careless driving are both similar in that they involve a level of care and attention that falls below the expected standard. The difference is that, in dangerous driving, it’s obvious that driving in this manner can be dangerous. This can include:
- Driving while under the influence of drink or drugs.
- Driving aggressively or racing.
- Knowing that a vehicle has a dangerous fault and driving it anyway.
Road accidents caused by tiredness
When you’re tired, you may find it more difficult to concentrate on the road in front of you. Furthermore, your reaction times may be slower, meaning that you aren’t able to react to hazards that present themselves on the road.
This can result in a fatal accident. For example, a driver may be too tired to realise that a light has changed from green to red. This could cause them to run that light and crash into a car that was proceeding correctly. This could cause fatal injuries such as a fatal head injury or brain injury, or damage to the spinal cord caused by a broken back.
Fatal road accidents driving work vehicles
In some cases, people need to use vehicles as part of their work role. These vehicles are sometimes provided by the employer.
In certain scenarios, you may be able to claim against their employer if their negligence caused a fatal road traffic accident to occur. For example, if a delivery driver caused a fatal accident because of tiredness and it was found that their employer was not allowing them sufficient rest breaks, then a claim could be made against an employer.
An employer might also provide someone with a faulty vehicle. If it can be proven that the vehicle had a known fault and the employer let the employee drive it anyway, then you could make a fatal accident claim.
Road accident deaths caused by poor road maintenance
As well as road users owing a duty of care to one another, certain parties have a duty of care to road users to keep the roads safe and well-maintained. This may be the responsibility of the local council or Highways England depending on the road.
Poor road surface could cause an accident in a number of differnet ways. For example, a pothole could cause a driver to lose control of their vehicle, resulting in a fatal crash. The crash might involve more than one vehicle, or it might involve a single vehicle colliding with something like a lamppost or railing.
For more information on how our road accident death claim calculator could help you value your claim, get in touch with a member of our team today. You could be connected with a No Win No Fee solicitor from our panel if you have a valid case.
The Department for Transport collect statistics related to road safety. Some of these statistics relate to contributory factors to road traffic accidents; we’ve used these to create the table above.
Above is a list of the contributing factors allocated to vehicles and pedestrians in reported accidents in Britain in 2020. As you can see, the driver or rider failing to look properly contributed to the most number of accidents in this time frame.
- A driver or rider failing to judge another person’s path or speed
- A driver or rider acting carelessly, recklessly or in a hurry
- Poor turn or manoeuvre
- Loss of control
These statistics relate to instances where a police officer attended the scene after the accident and reported a contributory factor.
For more information on how to claim after a fatal road accident, speak with a member of our team for more information. They could guide you through using our road accident death claim calculator to value your claim.
A fatal accident doesn’t mean that the victim dies at the scene of the accident. In some cases, where death is not instant, you might incur care costs as the result of an accident.
For example, your loved one may be disabled following the accident and require full-time nursing care before they pass away. If you have had to pay out of pocket for this, then the cost of this care could be included in the value of your claim.
For more information on what a claim could include, speak with a member of our team today. If you have a valid claim, one of our advisors could connect you with a No Win No Fee solicitor from our panel.
A car accident death compensation calculator is designed to inform you of the amount of compensation you could receive based on the injuries suffered by the deceased. In order to get a valuation of your claim, you would input the details of the injuries sustained.
You can also get in touch with one of our advisors today for a valuation of your claim. They will take the details of your circumstances and provide you with an assessment of your claim without any obligation to continue with our services.
Our calculator cannot take into consideration the dependency award or bereavement award. If you would like a valuation of your claim that includes these payments, get in touch with our team today.
As we have already mentioned, if your loved one did not die instantly after the accident, you could have incurred medical costs and care costs. These can be reimbursed as part of your claim.
In addition to this, certain qualifying relatives are entitled to a £15,120 bereavement award. This can be claimed by the spouse or cohabiting partner of the deceased, or the parents if the deceased was a minor and never married.
If multiple qualifying relatives are seeking to claim this payment, it will be split. For example, if a child passed away in a fatal car accident and their parents were divorced and both wanted to claim the bereavement award, the full amount would be split between them.
You may also be able to claim back the cost of funeral payments. A dependency claim can also be made, which covers loss of income that the deceased would have provided, a loss of pension provision and a loss of contribution to the household.
In this section, we hope to answer the question “how is car accident compensation calculated?”
Below, we have included a selection of entries from a publication called the Judicial College Guidelines. This is a publication that legal professionals use to help value claims. It takes into account the physical pain and suffering and psychological injuries that the deceased experienced before they died.
|Death- Full awareness||£11,770 to £22,350||Where the deceased is fully aware for a short period and then experienced fluctuating levels of consciousness for four to five weeks.|
|Death- Followed by unconsciousness||£9,870 to £10,010||Pain will be excruciating but unconsciousness will occur within 3 hours and death 2 weeks later|
|Death- Immediate unconsciousness and death after 6 weeks||£3,530 to £4,120||The deceased is immediately unconscious after the injury and death occurs within 6 weeks.|
|Death- Immediate unconsciousness and death within 1 week||£1,290 to £2,620||The deceased is immediately (or almost immediately) unconscious after the injury and death occurs within a week.|
|Mental anguish||£4,380||Fear of death or of a reduction in life expectancy.|
In addition to this, the value of the claim will be based on medical records that show how the deceased’s symptoms progressed.
For a more accurate assessment of the value of your claim, you can speak with a member of our team today. One of our advisors could connect you with a No Win No Fee solicitor from our panel to work on your claim.
Our panel of solicitors work on a No Win No Fee basis. This means several things:
- Firstly, you won’t need to pay your solicitor any legal fees upfront or during the claim.
- Should your case be successful, your solicitor will take a small, legally capped percentage of your compensation.
- If your case isn’t successful, you won’t have to pay your solicitor for their services.
For more information on the benefits that a No Win No Fee agreement can offer, speak with a member of our team today. You could be connected with a solcitor from our panel to work on this basis.
For free legal advice, call our team of experienced advisors today. They are available 24/7 and will help you assess your chances of success when making a fatal accident claim.
- Call us on 0800 408 7826
- Use the live chat window on the bottom right-hand side of your screen
- Contact us via our website
If you’re struggling to use our car accident claim calculator, don’t worry. You can give our team a call, and they’ll run through the road accident death claim calculator process with you.
You may not want to use a calculator at all, and instead would prefer to speak with someone directly about your circumstances. We can help with this too; a member of our team could talk through your circumstances and assess how much your claim could be worth.
For more information, click on the useful links below.
Think! is the Government’s road safety campaign. Read their website for information on how they aim to reduce road accidents.
Brake is a road safety charity. Visit their page for more information.
Statistics on walking and cycling in England can be found here.
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In this final section of our guide about road accident death claims, we’ve provided answers to some questions we usually get asked.
What evidence do I need to support my claim?
Medical reports, police reports from the accident and invoices for things like care costs can all be used as evidence in your claim.
Can I claim after the death of a loved one?
You can claim after the death of a loved one as per the Fatal Accidents Act 1988. The death would need to have been caused by negligence.
Thank you for reading our guide on how to use our road accident death claim calculator.
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