Wrongful death claims

Losing someone you love is devastating. If their death was caused by medical negligence, you may be entitled to make a wrongful death claim. Our specialist medical negligence solicitors will guide you through the process with care and confidence.

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Author

Andrew Hesketh

Associate & Head of Clinical Negligence

Last Updated

16th July 2026

Who can bring a wrongful death claim?

Wrongful death claims can be made when a loved one has died as a result of someone else's negligence. This is most commonly a medical professional or healthcare institution. Under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934, certain close relatives and dependants have the right to bring a claim for compensation.

Those who can make a claim include a spouse or civil partner, someone who lived with the deceased as a spouse for at least two years before their death, biological, step, or adopted children under 18, and older dependents, including those in higher education. It also extends to parents, grandparents, and other family members who were financially dependent on the deceased.

There are several causes of wrongful death related to medical negligence. The first is a surgical error, such as operating on the wrong patient or leaving instruments inside the body. Misdiagnosis or delayed diagnosis is another cause related to conditions like cancer, heart disease, sepsis, strokes, aneurysms, or birth injuries. Inadequate care in hospitals or care homes can also lead to wrongful death through infections, malnutrition, or dehydration.

In most cases, you have three years from the date of death, or from when you first became aware that negligent treatment caused the death, to start a claim. Missing this deadline can mean your claim is statute-barred, meaning you can no longer proceed with it. This is not an exhaustive list. If you believe medical negligence played a role in your loved one’s death, speak to a wrongful death claims attorney, even if you’re unsure.

Example of a wrongful death claim

A 69-year-old grandmother visited her GP and was admitted to the hospital multiple times over several months with symptoms that were dismissed as constipation. Her bladder cancer went undetected, and she was not diagnosed until it was terminal. She passed away six months after her diagnosis. We helped her family secure a five-figure compensation settlement.

Common wrongful death claims we support

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What wrongful death compensation can help with?

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Providing financial security for your family and covering your losses.

Wrongful death compensation is not simply an acknowledgement of what happened. It’s designed to help your family maintain your standard of living and cover the financial losses caused by your loved one’s death, both now and in the future.

The starting point is your loved one’s income. Compensation takes into account their annual wages, pension, investments, and other financial benefits. Every family’s circumstances are different, and we aim to make sure the award reflects your actual losses, not just a standard figure. We’ll take the time to understand your situation fully before advising what you may be entitled to.

Successful wrongful death claims may help fund:

Lost income for past and future earnings your loved one would have provided
Loss of pension and other financial benefits
Bereavement award for eligible close relatives
Costs of financial support that the family relied on
Funeral expenses and associated costs
Psychological support and counselling for family members
Loss of services the deceased provided to the household

Understanding the potential value

No two wrongful death cases are the same; the value of a claim depends on several factors. In a recent case, we helped the family of a grandmother whose terminal bladder cancer was misdiagnosed as constipation secure a five-figure compensation settlement. Cases involving higher earners or younger dependents can result in significantly larger awards.

Specialist wrongful death solicitors

Our team specialises in complex wrongful death claims.

Why choose Fletchers for your wrongful death claim?

Wrongful death claims involving medical negligence are naturally sensitive and emotionally challenging. Cases involving medical complexity can be difficult to navigate, so getting the right specialist team around you makes a real difference to the outcome of your claim and how supported you feel throughout. We have been representing families in these cases for over 40 years, combining deep legal expertise with genuine care for the people we support.

Expertise you can rely on

Specialist medical negligence and wrongful death solicitors with a combined 400 years of legal experience
Over 30 years of experience representing families seeking compensation and justice
Direct access to independent medical experts to strengthen your case
Proven track record in complex, high-value medical negligence cases
Friendly, approachable solicitors who keep you informed at every stage
‘No Win, No Fee’, so you can pursue your claim without financial risk

You're not alone

We understand what you're going through.

Losing someone you love to what you believe was a preventable mistake is one of the hardest things a family can face. Grief, anger, and a desperate need for answers can all arrive at once, and the idea of starting a legal claim on top of everything else can feel overwhelming. There may even be uncertainty about whether what happened counts as medical negligence.

Many families who come to us are not driven by money. They want to understand what happened and why, with the support to ensure someone is held accountable so other families are not impacted in the same way. For some, that sense of justice is the most important outcome of all. For others, securing financial stability for the family is what matters most.

Our wrongful death claims solicitors will take the time to understand your needs and work towards your desired outcome. We have supported many families who felt they had nowhere to turn. They simply needed someone to listen, take on the hard work, and guide them through a complicated process with honesty and care.

That’s what we’re here to do. We manage every part of the wrongful death claims process on your behalf, keeping you informed at every step while fighting for an outcome that reflects what your family has been through.

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FAQs about wrongful death claims

How long does a wrongful death claim take?

Cases involving medical negligence that led to a death can take up to two or three years to settle, depending on the complexity of the case. More straightforward cases may resolve sooner. We will give you a realistic sense of timescales once we have reviewed the details of your situation.

How long do I have to make a wrongful death claim?

You typically have three years from the date of your loved one’s death, or from the date you became aware that negligent medical treatment caused their death, to start a claim. Missing this deadline can mean the claim is statute-barred, which means it can no longer be pursued.

What happens if I miss the time limit?

If the three-year deadline has passed, your claim could be statute-barred. The courts may make an exception if there are strong and compelling reasons for a delay in filing the claim. For example, discovering the link between their death and negligent treatment after the deadline, and having enough evidence to support the claim.

Will I have to go to court?

Less than 2% of claims brought against the NHS, including those involving medical negligence, go to court. This means there is a very strong likelihood your claim will be settled without the need for a hearing. Our solicitors will prepare your case as thoroughly as possible, and keep you informed on the progress.

Can multiple family members make a claim?

Yes. You, other family members, and dependants can all be part of the same claim, with any compensation divided according to each person’s individual losses. However, you cannot file separate wrongful death claims for the same incident, so everyone eligible should be included in a single claim.

We will help you make sure the right people are included from the outset.

How much does it cost to make a wrongful death claim?

Fletchers operates on a ‘No Win, No Fee’ basis. If we believe your claim has a good chance of success and we take on your case, you will only pay a fee if we win. That fee is taken from your compensation and is typically capped at 25%, though this may vary depending on the complexity of the case and the agreement with your solicitor.

We will explain this clearly before you commit to anything.

Who can bring a wrongful death claim?

Eligible claimants under the Fatal Accidents Act 1976 include:

A spouse or civil partner
Someone who lived with the deceased as a spouse for at least two years before their death
Biological, step, or adopted children under 18
Older dependants, including those in higher education
Parents and grandparents who were financially dependent on the deceased
Other family members who relied on them financially

If you are unsure whether your relationship qualifies, contact us, and we will advise you.