Claiming after a fatal road accident
You have lost someone in a road accident and are starting to think about a claim.
There are generally two legal routes open to a family after a fatal road accident. A dependency claim covers the support the family has lost. An estate claim acts on behalf of the deceased. Both are separate from any criminal case against the driver responsible.
The criminal case and the family’s claim are not the same thing
If another driver’s negligence caused the death, the authorities may pursue a criminal case against that driver. This happens independently of the family. A criminal conviction, fine or sentence does not itself pay the family anything. Compensation runs through the civil claims described below, and one process does not need to wait for the other.
The two routes, named simply
A dependency claim compensates for the financial support the family has lost. It is brought by eligible family members such as a spouse, parent or child. How a dependency claim works explains this route in full.
An estate claim recovers what the deceased could already have claimed had they lived, such as pain suffered before death and expenses already incurred. It is generally brought by the executor or administrator. What an estate claim can recover covers this second route on its own.
The deadline that matters most
A dependency claim must generally be brought within three years of the date of death.[1] Courts treat this as a strict deadline. It still leaves time for the family to grieve first.
Why families often bring both claims together
The two claims cover different losses, so many families bring both. Care is taken that the same loss is not counted twice. You do not have to choose one at the start.
When you are ready to take the next step
Making a road accident claim explains the process both routes run through. It covers evidence, proof of loss, and how insurers and, where needed, the courts become involved.
Working out who can claim, and for what, is a point where an independent lawyer can take the claim on for the family. Send the date of the accident, where it happened, and the police report status.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Is there just one claim, or more than one, after a death?
There are generally two: a dependency claim brought by close family members for their lost support, and an estate claim brought on behalf of the deceased's estate. Many families bring both, since they cover different losses.
Do we need to wait for the criminal case to finish first?
No. A criminal case against the at-fault driver and a family compensation claim are separate processes, and one does not need to conclude before the other can begin.
Who actually starts these claims?
A dependency claim is generally brought by eligible family members, such as a spouse, parent or child, while an estate claim is generally brought by the executor or administrator of the deceased's estate.
What happens if we are not ready to think about this yet?
That is understandable, and there is time. The claim deadline runs three years from the date of death, which allows real space to grieve before this needs to become a priority.
Sources
- Civil Law Act 1956, s.7(5) (Attorney General's Chambers) (accessed 2026-09-22)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.