Bereavement award fit for reform

Where a loved one has been unlawfully killed in an accident or through an industrial disease such as mesothelioma it is commonplace to include a claim for ‘bereavement damages’.

To be eligible for a bereavement award, certain criteria must be met:

• You must be a spouse or civil partner

• Unmarried couples who’ve been together for at least two years are now also included

• Parents are eligible if their child is under 18

The latest update to the bereavement award occurred in May 2020 following the Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020. This increased the bereavement award from £12,980 to £15,120. 

The increase only applies to bereaved families who lose a loved one on or after 1 May 2020. Families who have already suffered prior to this date will receive the old award of £12,980.

Why is the bereavement award fit for change?

Here are some examples of why the bereavement award is unjust:

• In the death of a child (under 18 years) where the parents are not married, the mother would be eligible for bereavement damages while the father would get nothing. 

• If the couple are married, and they lose their child, both parents would have to share the bereavement award, thus they would receive £7,560 each for their pain and grief. There seems to be no logical conclusion why each parent is only entitled to 50% of the amount a widow/widower would receive.

• If a child loses a parent, they are not entitled to a bereavement award at all. 

• When a child sustains fatal injuries whilst under 18 but does not die of the injuries until after their 18th birthday, their parents would not be entitled to a bereavement award.

These are just some examples which illustrate how outdated the law is. The law simply does not reflect modern day society and as such reform is well overdue. Only time will tell whether sense will prevail, but sadly for the time being loved ones are being left without the damages they deserve.

If you have any questions regarding mesothelioma or the bereavement award, please contact Ruth Craven. Alternatively, click here to view our personal injury page.