What follows a fatality?:
Guidance for Dependents and Executors on legal rights and issues following the wrongful death of a loved one

When a loved one dies as a result of a non-fault accident, whether a road traffic collision, workplace incident, medical negligence, or another type of fatal injury, the surviving family is often left, not only grieving, but facing sudden financial hardship and having to navigate complex legal processes. In these situations, dependents may be left to bring a personal injury claim for compensation, while simultaneously wrestling with the administration of the deceased’s estate.

This article explores the legal options available to dependents, the potential hurdles they may face, and how estate administration interacts with fatal accident claims.

1. Who Can Bring a Claim?
Under the Fatal Accidents Act 1981 (“the FAA”), certain classes of people can bring a claim for the loss of a loved one if the death was caused by the negligence or wrongful act of another person or entity. These claimants are referred to as “dependents,” and typically include:

• Spouse or civil partner
• Former spouses/civil partners
• Children (including stepchildren and adopted children)
• Parents or guardians
• Siblings
• Anyone treated by the deceased as a child of the family.

Separately, the Law Reform (Miscellaneous Provisions) Act 1938 (“the 1938 Act”) allows the deceased’s estate to bring a claim for personal injury compensation that the deceased would have been entitled to if they had lived. This claim must be brought by the estate’s executor (appointed by a Will) or administrator (where there is no Will).

2. What Can Be Claimed?
Dependents can claim for (amongst other things):

• Loss of financial dependency: such as lost income or services the deceased would have provided.
• Loss of consortium or care: where relevant, such as for a spouse.
• Funeral expenses.
• Statutory bereavement award: a fixed sum (currently £10,000) payable to specific relatives (usually spouse or parents of a deceased minor).
• Pain and suffering: if the deceased survived for a time after the incident.
• Loss of earnings: between the date of injury and death.
• Medical expenses and funeral costs: incurred by the estate.
• Property damage: if applicable.
• Loss of the services (DIY etc) of the deceased to the family

The proceeds of some of the heads of damage referred to above will form part of the estate of the deceased and will be distributed in accordance with any Will, or in the absence thereof, per the intestacy rules.

3. Estate Administration
Before a claim can be brought on behalf of the estate, someone must be legally appointed to represent it. If the deceased left a Will, the named executor must apply for a Grant of Probate via the Isle of Man Probate Registry (“the Grant”). If there was no Will, the next of kin must apply for Letters of Administration (“the Letters”).

However appointed, the personal representative will have the legal authority to pursue any claims (as to which see below), gather evidence, instruct Advocates, and deal with the distribution of any compensation awarded to the estate of the deceased. There is an important difference to bear in mind between powers obtained by a Will and via Letters however. Where appointed by a Will, the personal representative may issue legal proceedings prior to a grant of probate being received. If there is no Will, and the personal representative is to be appointed via Letters however, he/she must wait until they have said Letters before legal proceedings can be commenced via court process.

It is common for dependency claims and estate claims to be handled together, particularly if the same Advocates are acting for both the dependents and the estate.

4. Key Legal and Practical Issues

Time Limits
Generally speaking (and subject to some exceptions), there is usually a three-year limitation period from the date of death, or from the date of knowledge of negligence, in which a legal claim must be commenced. After this, claims may be time-barred unless the court grants an extension. This time limit may become a particular issue where a personal representative is appointed by Letters (and so is unable to issue proceedings before having the same (see above)).

Proving Negligence
Dependents must establish that the death was caused by another party’s negligence or breach of duty. This can require:

• Witness statements
• Expert evidence
• Police, coroner, or Health & Safety Executive reports

Conflicts Between Family Members
Disputes may arise where different family members have different interests, e.g., between the executor of the estate and a dependent not named in the Will. It is vital to manage these relationships carefully and seek independent legal advice where necessary.

Calculating Dependency
Dependency claims can become complex, especially in cases involving (for example):

• Self-employed or irregular income
• Non-financial contributions (e.g., childcare)
• Long-term future earnings projections

Expert forensic accountants or actuaries may be needed as well as good legal advice to navigate the issues involved/experts required.

Inquests
On the Isle of Man, where a death is sudden or unexplained, the Coroner of Inquests may open an inquest. Whilst an inquest does not determine legal liability, it can establish cause of death and bring useful evidence to light.

Families may wish to have legal representation at the inquest to ensure their interests are protected and to preserve evidence that could support a future civil claim.

Conclusion

Fatal accident claims on the Isle of Man involve a complex interplay between personal injury law, probate law, and the emotional realities of loss. Dependents may be entitled to compensation for their financial and emotional loss, while the deceased’s estate may also recover damages.

Legal advice should be sought at the earliest opportunity, not only to preserve evidence and meet deadlines, but to ensure the claim is properly structured and that the estate is administered correctly.

At M&P Legal, we understand that the sudden loss of a loved one due to a fatal accident can be devastating. Whether you're seeking compensation or managing the deceased's estate, our experienced team is here to guide you with empathy and expertise. The author, Damian Molyneux is a director of M&P Legal specialising in, amongst other things, fatal and catastrophic personal injury cases. He can be contacted via dpm@mplegal.im. This article does not constitute legal advice and specific advice should be sought for individual circumstances.

Back to top