Bereavement damages in the UK – a need for reform?

If a family have lost a loved one due to the negligent actions of a third-party, bereavement damages can be awarded as a form of financial compensation. Clinical negligence solicitor, Jade Fairless, discusses the current legislation around bereavement damages and whether there is a need for reform and more open mindedness with regards to approach. 

Compensation amount

Under the Fatal Accidents Act 1976, the sum is fixed at £15,120.  

The fixed figure is a contentious point as many believe the figure does not align with the pursuit of justice for bereaved families. The figure can be argued as almost offensive, is a life only worth £15,120?  

Of course, any amount does not reflect the emotional gravity and significance of what has happened as no price can be put on a human life. The loss in invaluable.  

However, many argue this figure falls short in addressing the needs of the affected families, especially as it encompasses the emotional and psychological suffering for the bereaved. Families should be treated with kindness and care in the period following loss. If grief is handled badly, it could cause paramount long-lasting damage. 

In Europe, many countries have fixed amounts for bereavement damages, yet these are considerably higher.  

In Scotland there is no fixed amount.  Instead, each claim is assessed individually. Whilst a fixed amount means everyone is compensated the same, would a tariff approach be fairer? The issue, of course, is that it is a subjective test. Who decides what a family should be compensated and how is the decision made? 

The law does assess subjective psychological and psychiatric harm in non-fatal cases using a tariff basis so perhaps we need to look to assess bereavement awards in similar way. 

Is it time to increase our award or move towards a new compensation calculation tool? But will any figure ever be enough?

Scope

Another contentious issue is the scope of the bereavement award. 

The current legislation entitles the following family members to seek a bereavement award: 

  • Wife, husband or civil partner of the deceased; 
  • Deceased’s partner if cohabiting for 2 years or more; 
  • Parents, if the deceased is a minor; 
  • A mother, if the deceased is an ‘illegitimate’ minor.

As can be seen, the categories are very limited and exclude a large number of different family members. Siblings, parents with children over 18, unmarried fathers and grandparents, to name a few.  

The current law does not recognise the closeness of relationships or the fact that modern families are diverse. The current entitlement is outdated, as the law fails to reflect societal changes within families; the married with 2.4 children model can be argued as no longer the norm.  

Fathers are somewhat side-lined under the current law. If a child’s parents are unmarried, the father is not entitled to a bereavement award. This is clearly an unfair balance which needs addressing.  

The scope does require widening and a good model to follow would be Scotland where a wider circle of relatives can be compensated, as the test is one of relationship proximity. This test would allow for modern, diverse families to be compensated for their loss.  

Ultimately, a price cannot be put on a life, however, the current system is full of issues which we are shying away from updating.  

Perhaps there is no best way to deal with these issues, but the current system is fundamentally unsatisfactory.  

Money may not be the most important thing after the loss of a loved one, but it does help families who have found themselves in such circumstances due to the negligent acts of others.  

In addition to monetary compensation, consideration needs to be given to the impact on families.  There should be apologies, discussions, answers and acceptance given to assist families with the grieving process and work towards closure.  

Perhaps it is time for a more moralistic, open and flexible approach to be taken.   

 

If you think that you or a loved one has been injured as a result of medical negligence, then  you may be able to make a claim. Get in touch with a member of the team on 033 3344 9613 or email [email protected].

Author: Jade Fairless, clinical negligence.