Claiming after a fatal road accident

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, not a general guide. It still leaves meaningful time to grieve before this needs to become urgent.

Why families often bring both claims together

The two claims cover different losses. Pursuing both is common, not unusual, and care is taken to avoid the same loss being counted twice. Neither route requires choosing one over the other from the outset.

When you are ready to take the next step

Making a road accident claim explains the general claims process that both routes eventually run through. It covers evidence, medical or financial proof, and how insurers and, where needed, the courts become involved.