The law around bereavement awards has changed, introducing a range of claimants who are eligible to make a claim that previously could not.
Tanzeela Aslam, solicitor at WHN, explains what this means and whether the changes go far enough.
What is a bereavement award?
If a person dies as a result of someone else’s negligence – for instance following an accident or illness – the law allows for a bereavement award to be made to others for the loss of their loved one.
It is a form of compensation in personal injury cases, and under the Fatal Accidents Act 1976, certain criteria must be met in order for a payment to be made. The law is very strict around these criteria – some argue too strict, not reflecting modern lifestyles.
Who can claim, and who cannot?
The rules say you must be a spouse or civil partner of the deceased or – if the case involved the loss of a child – the parents if the child was legitimate or the mother if illegitimate.
Certain people are excluded from being able to benefit from an award, including the parents of an adult child (over 18 years of age), or grandparents.
Many in the legal profession have argued for some time that the list of claimants who can potentially benefit from an award is too small, and the restrictions imposed too great.
What has changed?
A landmark legal case in 2017 saw certain elements come under scrutiny. In Smith v Lancashire Teaching Hospitals NHS Foundation Trust, the Court of Appeal found that unmarried cohabiting partners should be entitled to an award.
On October 6, 2020, the law will change to reflect this decision – cohabiting partners who have lived together for at least two years will now be able to claim for a bereavement award.
The amount paid out in an award is set by the law, and is £15,120 – an increase from £12,980, also following the landmark 2017 case. Bereaved families who lost a loved one on or after May 1, 2020, can claim for this new amount.
Despite protest, the Government has not indicated it will look at reviewing the system any further. So, children who have lost a parent, or a sibling, unfortunately still cannot claim and it looks like there will be no further updates to the law for some time.
Anyone who feels they are entitled to claim for a bereavement award should contact us for more information and advice on what steps to take next.
Tanzeela Aslam is a solicitor based at WHN Solicitor’s Bury office. Tanzeela heads up the clinical negligence and personal injury team and helps clients who have undergone negligent medical treatment or diagnosis. To contact Tanzeela, call her on 0161 761 4611 or email tanzeela.aslam@whnsolicitors.co.uk
