Fatal Injury Compensation Claims in Scotland

• Helicopter crashes (accidents)
• Maritime accidents
• Workplace transport accidents
• Public transport accidents
• Accidents on the roads
• Organised events and trips
• Workplace accidents
• Exposure to hazardous substances

The official statistics reveal that, in the UK, work-related deaths in the waste and recycling sector are the most common. Our page on fatal work accident statistics has more information. 

What compensation can you claim for a fatal injury in Scotland?

In Scotland the law relating to fatal injury compensation claims can be found in the Damages (Scotland) Act 2011. 

It is important to note that what your family can claim depends on your relationship with the person who has died and your specific situation. However, more broadly, your claim will fall into one of the following main categories:

• Loss of support: If your household or family was financially supported by the deceased's earnings, you can claim for any financial loss caused by their death. This usually represents the biggest element of a fatal injury claim.
• Loss of personal services: Compensation for domestic help the deceased would have provided. Childcare, household maintenance and other day-to-day contributions that go unnoticed until they are suddenly gone.
• Funeral costs: Reasonable funeral expenses can be recovered as part of a fatal injury claim.
• Awards for grief and sorrow: Certain close relatives are entitled to an award recognising the emotional devastation caused by the death.
• Loss of society: A distinct award for the loss of company, guidance and care of the deceased. It is not about money; it is about recognising how much that person meant to you.

There could also be a claim through the estate for the pain and suffering prior to death, together with any financial losses and funeral expenses payable. Any award through the estate will be distributed in accordance with the victim's will.

Every case is different. Our solicitors can talk you through what your claim may involve once they understand your situation.

Who can make a fatal injury compensation claim in Scotland?

There are categories of family members and people who have a relationship of affinity with the victim, to whom we are able to offer advice and support as well as claiming compensation on their behalf. Under the Damages (Scotland) Act 2011, these include:

• a spouse or a former spouse
• a civil partner or former civil partner
• a cohabitee if you have been living as man and wife for over two years,
• a parent or ascendant of the deceased
• a child, or a child who may not be a blood relative but who was treated as a  child of the family in relation to that marriage
• a brother, sister, uncle or aunt of the deceased

There is a broader range of relatives who can claim in Scotland than in England and Wales. If you are not sure whether you qualify, get in touch and we will let you know where you stand.

Fatal accident inquiries in Scotland

Fatal accident inquiries (FAIs) are public inquiries called when a death takes place during work, in legal custody, or in sudden, suspicious, or unexplained circumstances that cause widespread public concern. They are called by the procurator fiscal under the direction of the Lord Advocate in order to establish the time, place and cause of death and to identify the surrounding circumstances. FAIs do not ascribe guilt or blame.

Conducted at the Sheriff Court, FAIs require the procurator to present evidence and, at the conclusion, the Sheriff makes a determination providing findings on the circumstances of the death. Recommendations by the Sheriff to avoid future deaths are not legally binding.

The Scottish Government legislated for the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 which came into force in June 2017. The Act extended the factors that trigger a mandatory FAI and created greater involvement for families. Despite these measures, Thompsons still believes that the system falls short as recommendations are not enforceable and the process remains too slow. It still takes years in some cases for the procurator fiscal's office to decide whether an FAI will actually take place, and unexplained delays continue to cause real distress to bereaved families. We campaign consistently for families to be put first in this process. You can read more about the reality of FAIs in Scotland.

Thompsons has vast experience of assisting families through fatal accident inquiries and can guide you through the process from start to finish.

Time limits for fatal injury compensation claims

In Scotland, you normally have three years from the date of death to make a fatal injury compensation claim. On the face of it that seems like a generous amount of time, but claims can take some time to progress and gathering the evidence early can make a real difference. We would recommend that families contact us at the earliest opportunity to discuss their options.

Thompsons View on Fatal Accident Inquiries

Our experience of assisting the families of victims of fatal accidents led us to call for changes in the FAI process. These were as follows:

• The families of the deceased should be at the heart of the process.  Their concerns and questions should be given paramount importance in the investigation and they should be properly funded to have legal representatives to represent their interests.
• The process must begin as quickly as possible.  Any conflict with criminal issues can be avoided by the inquiry process being adjourned, should that be necessary, or by the inquiry only considering certain matters which will not be before the criminal courts until the criminal matter is concluded. This serves an important double function of meeting the families' need for urgency and also in not causing any prejudice to any criminal trial.
• The inquiry must be undertaken by Scotland's most senior judges.
• The process should bring all of the parties to the fatal accident inquiry back before the judge at a certain period after his/her determination (say six months) to ensure changes have been enacted.
• There should be a clearer power for the Judge to report to Ministers at both Holyrood and Westminster if it is clear that a change in the law is required.
• The senior judges must have appropriate and necessary power to ensure that lessons are learned and that changes occur by being able to require, rather than simply recommend, that practices change.

However, despite the new legislation, we feel that significant problems with the system remain and families continue to suffer as a result.

Frequently asked questions about fatal injury compensation

Contact Thompsons about a fatal injury compensation claim

Thompsons Solicitors Scotland is here to help families get justice after losing a loved one. As a force for change, we have helped numerous bereaved families campaign for social and legislative reform. If your family member's death was caused by a breach of duty of care, get in touch with Thompsons for legal advice and support.

Call us on 0800 0891 331 for free legal advice, or call us at 0141 280 4626 to talk through your situation.