In the event of a fatal accident the Law allows the Executors of an Estate to claim damages for loss suffered on the behalf of the Estate.

For example, this may relate to injuries suffered by the deceased in the accident where death is not immediate. Very often however, claims for damages arising out of a fatal accident are brought by or on behalf of dependents and often these will be a widow or dependent children. Claims will include a number of elements. One of these elements is Bereavement Damages.

These claims are brought under the Fatal Accidents Act 1976.

The level of Bereavement Damages which can be awarded under the Act is fixed by statute. The level of damages is increased every 3 years to allow for inflation. In 2002 the level of Bereavement Damages was increased from £7500.00 to £10,000.00. This level of damages has now been reviewed by the Lord Chancellor’s Department and the level of Bereavement Damages awarded under Section 1 of the Fatal Accidents Act is to be increased from £10,000.00 to £11,800.00 with effect from 1 January 2008.