Skip to content

    Navigation breadcrumbs

  1. Home
  2. Get support and advice
  3. Making a legal claim for compensation
  4. Making a claim when someone has died

    Navigation breadcrumbs

  1. Home
  2. Get support and advice
  3. Making a legal claim for compensation
  4. Making a claim when someone has died

Making a claim when someone has died

When a person has died as a result of clinical negligence, the process for making a claim and the way compensation is calculated are different.

For the first six months after someone’s death, only the executor of their will (or an administrator of the estate, if there was no will) can start a claim for compensation. If no claim is made during this time, the right to make a claim opens up to the dependents of the deceased (usually their family).

Claims made by dependents can be split into two types:

You can read more about claiming compensation when someone has died, including information on time limits for making a claim, in our dedicated guide below.

In rare cases, a close relative who was harmed or traumatised as a result of being present or close at the time of death may be able to claim compensation as a ‘secondary victim’. More information is available in the guide below.