Calls to change law on bereavement damages: England and Wales behind Scotland and other European countries

Bereavement damages are a form of compensation which is payable following the unlawful death of a loved one, arising from a fatal accident, wrongful act and/or neglect. The award itself arises from the Fatal Accidents Act 1976, which has seen a number of changes on the amount of the award and to whom this is payable to - described as 'dependants' under the Act.

In October 2022, I published an article where I described the law on bereavement damages in England and Wales as being "outdated, inconsistent and discriminatory." 

In England and Wales, bereavement damages are fixed at £15,120 and only a certain limited category of relatives can claim for bereavement damages. This includes:

• Only the spouse or civil partner of the deceased;
• A civil partner who was living with the deceased for at least two years (a cohabitee);
• The parents of a deceased child (under 18 years), and was never married or in a civil relationship (or, if the child is ‘illegitimate’, the mother only).

Whereas in Scotland the category of relatives who can claim for bereavement damages includes spouses, children, grandparents and grandchildren. In Scotland, the amount of bereavement damages are also assessed on a case by case basis, which have been reported as being paid as high as £90,000 (six times the fixed amount in England and Wales).

How do other European Countries assess bereavement damages? 

The law on the payment of bereavement damages in other European countries is much more generous, that is both in terms of the award itself and the number of people who can claim. For example, France, Space and Italy all adopt a much more flexible approach by assessing a separate award on a case by case basis across a much wider category of relatives, who are eligible to make a claim. In France, there is no restriction on who can claim as long as that person can show a very close, familial type relationship with the deceased.

Our specialist international serious injury team at Irwin Mitchell LLP, have provided examples of recent fatal accident claims across Europe where they have recovered an award for bereavement damages.

In France, the bereavement damages - referred to as a 'moral award' - was paid to 15 relatives including £33,000 for a widow, £30,000 for the dependent child, £20,000 for a parent, down to just over £2,000 for a particularly close cousin. In total over £200,000 was recovered as part of bereavement damages.

In Spain, bereavement damages are paid into categories depending on the relationship with the deceased. For spouses, there is a tariff for bereavement damages, which means the amount of bereavement damages payable will depend on how long a spouse was married to the deceased. The longer the duration of marriage, the higher the award. In a recent case, a widow in Spain was awarded £120,000 along a separate award to the deceased brother in sum of £20,000.

A recent case in Italy, involving a deceased woman aged 59 years who was married but without children was survived by her elderly mother, retired husband and three adult sisters included a bereavement award of £180,000 to the mother, £40,000 to each of the sisters, and £200,000 to the husband.

Another case in Italy, included bereavement damages of £50,000 for an adult son from the deceased's first marriage, £25,000 to the daughter in law and £25,000 to each of the two grandchildren.

Association of Personal Injury Lawyers (APIL) campaign for reforms 

At an APIL Parliamentary event held in November 2022, MPs were asked to raise a debate for urgent reforms on the payment of bereavement damages. The event was hosted by Labour MP Lilian Greenwood and attended by MPs across all political parties.

There are many people who are left shocked after learning about the law on bereavement damages for the first time. As a specialist solicitor in serious injury and fatal accidents, I am often required to advise close relatives of a deceased who is unlawfully killed, that the law in England and Wales either doesn’t acknowledge them in a category of persons entitled to compensation or that the award itself is far less in comparison to other countries in the United Kingdom and Europe. I support APILs campaign for urgent reforms on the payment of bereavement damages and call for MPs to reflect on how this area of law is implemented across our neighbouring countries and Europe.

Find out more about Irwin Mitchell's expertise in supporting people coping with bereavement at our dedicated section