Personal Injury Claims

Fatal Accident Claims in Scotland

Compassionate, specialist support for families seeking compensation after a wrongful death under Scots law

Who can claim?

Qualifying relatives (spouse, partner, children, parents, siblings and others as defined by the Damages (Scotland) Act 2011) or the estate's executor may be able to claim.

Losing a family member due to someone else’s negligence is devastating. Scots law provides a framework under the Damages (Scotland) Act 2011 for relatives to seek compensation for losses arising from a wrongful death.

Who Can Make a Fatal Accident Claim?

The Damages (Scotland) Act 2011 sets out who qualifies as a “relative” for the purpose of making a claim. Qualifying relatives include:

  • Spouse, civil partner or long-term partner
  • Children (including stepchildren and children under guardianship)
  • Parents and grandparents
  • Siblings
  • In some cases, other dependants

The executor of the deceased’s estate can also bring an action on behalf of the estate.

What Can Be Claimed?

A fatal accident claim may seek to recover:

  • Loss of support — financial dependency the relatives had on the deceased
  • Services — the value of services the deceased provided (such as childcare)
  • Non-patrimonial loss — distress, grief and loss of society
  • Reasonable funeral expenses
  • The deceased’s own pain and suffering (where they survived for a period)

Time Limits

Under the Prescription and Limitation (Scotland) Act 1973, the 3-year time limit generally runs from the date of death, or the date on which the relatives became aware that the death was caused by a third party’s fault.

We Understand This Is Difficult

Our partner solicitors handle fatal accident claims with the care and sensitivity these circumstances require. An initial claim check is completely free and without any obligation to proceed.

What compensation could cover

  • ✓ Loss of financial support
  • ✓ Loss of personal services (household tasks, care, guidance)
  • ✓ Distress and grief suffered by relatives
  • ✓ Funeral and related expenses
  • ✓ Loss of society (companionship) for qualifying relatives

Frequently asked questions

Who can make a fatal accident claim?
Qualifying relatives under the Damages (Scotland) Act 2011 — including spouse/partner, children, parents and siblings — or the deceased's executor on behalf of the estate.
What is the time limit?
Generally 3 years from the date of death, or from when you became aware that the death was caused by another's negligence.
What compensation is available?
Claims can include loss of support, loss of personal services, distress and grief, funeral expenses, and the deceased's own claim (transmitted to the estate).

Related

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