It may be a surprise to learn that until recently, following a fatal accident, unmarried cohabiting partners had no entitlement to bereavement damages if their significant other was killed in a fatal accident. The Fatal Accidents Act stated that the statutory payment of £12,980 payable to the husband, wife or formal civil partner left behind, but not to anyone who had not formalised their relationship with a marriage certificate or civil partnership registration.

Earlier this year, the Ministry of Justice acted to make bereavement damages available to cohabiting couples, giving the legislation a much-needed update. The amended Fatal Accidents Act now entitles the partner of someone killed in a fatal accident who has been living with them for at least two years to the husband, wife or civil partner. However, all other categories of dependents are not currently eligible for this financial award.

As part of the Fatal Accidents Act, the partner of the deceased can claim for:

• Bereavement damages
• Funeral expenses
• Loss of income and services dependency (such as gratuitous care)

As of May 2020, when the Damages for Bereavement Order came into force, the amount of bereavement damages that can be claimed by a spouse, civil partner or cohabiting partner was increased from £12,980 to £15,120.

Only a very limited number of people can claim bereavement damages, which is essentially limited to spouses or civil partners, or parents in respect of the death of an unmarried, minor child. Only one award will be given. Therefore, if both parents claim bereavement damages following the death of their child, the statutory figure will be divided between the parents. If the parents are not married, then the father cannot currently claim bereavement damages.

As a result of the many limitations of the Fatal Accidents Act, the Commons Human Rights Committee has called for a further government review of the system due to the belief that it currently still discriminates against cohabiting couples, even in spite of the recent changes, it is believed that they do not go far enough. In addition, the act also refers to children as “illegitimate” if they are born outside of wedlock or a civil partnership, which is why there have been calls for further reform.

It is important that legislation is updated to reflect the changing times in which we live, and so that the grieving family members of deceased individuals - whether related by marriage or not - are given the support they require following a fatal accident.

If you have suffered the loss of a loved one due to a fatal accident, we can help you to claim compensation. Click here for more information on our services.