My relative died due to negligence. Can the family claim?

What the Law Says

The Civil Liability Act 1961 allows certain family members to bring a claim for damages when a person dies as a result of negligence or wrongful act.

Under section 48 of the Civil Liability Act 1961, if someone dies because of a wrongful act, neglect, or default that would have entitled them to sue for damages had they lived, certain close relatives may bring a claim in their own right.

This is known as a 'fatal injuries action'. It is separate from any claim the deceased might have made while alive (e.g., for personal injury), and it compensates the family for losses arising from the death itself — such as loss of financial support, companionship, and funeral expenses.

Only specific relatives are legally allowed to make this claim: the spouse, civil partner, parent, child, or sibling of the deceased. In practice, the claim is usually brought by the executor or administrator of the deceased’s estate on behalf of eligible dependants.

Statutory Text

Where a person's death is caused by a wrongful act, neglect or default which would, if death had not ensued, have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the person injured.

— Civil Liability Act 1961, s. 48 — Actions for wrongful death

What to Do

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