QUICK ANSWER
If a family member has died as a result of negligence in Scotland, qualifying relatives may claim solatium (bereavement damages) of £15,000 to £100,000 per relative, plus loss of financial support, loss of services, and funeral expenses under the Damages (Scotland) Act 2011. The time limit is 3 years from the date of death. Scottish Claims Helpline handles fatal accident claims on a no win no fee basis — complete the short form for a free, sensitive, no obligation assessment.
Lost a Loved One Due to Negligence? Your Family May Be Entitled to Compensation.
Losing a family member is devastating. When that loss was caused by someone else’s negligence — whether in a road accident, a workplace incident, or through medical error — the grief is compounded by anger, financial uncertainty, and unanswered questions. No amount of compensation can undo what has happened, but it can provide financial security for the family left behind and hold those responsible to account.
Scottish Claims Helpline handles fatal accident claims across Scotland on a no win no fee basis. Fatal accident compensation in Scotland is governed by the Damages (Scotland) Act 2011, which provides a distinct and in some respects more generous framework for bereaved families than the equivalent English legislation.
We understand how difficult this time is. Our approach is sensitive, thorough, and focused entirely on securing the best possible outcome for your family.
How Much Could Your Family Receive?
Fatal accident compensation in Scotland covers several separate heads of claim:
| Head of Claim | Typical Award |
|---|
| Solatium — spouse or cohabitant | £50,000 – £100,000 |
| Solatium — child of the deceased | £25,000 – £60,000 |
| Solatium — parent of the deceased | £20,000 – £50,000 |
| Solatium — sibling of the deceased | £15,000 – £30,000 |
| Loss of financial support | Varies — based on earnings and dependency |
| Loss of personal services | Varies — cost of replacing services provided |
| Funeral expenses | Reasonable costs recovered in full |
Solatium figures based on recent Scottish court awards. Each case is assessed individually.
That’s not all. Multiple family members can each claim solatium independently — a spouse, two children and two parents could receive combined solatium awards well in excess of £200,000. Loss of financial support claims for the main breadwinner can be worth hundreds of thousands more depending on the deceased’s earnings and the dependency period. The deceased’s own estate can also bring a survivorship claim for any pre-death pain and suffering.
Who Can Claim?
Under the Damages (Scotland) Act 2011, qualifying relatives include a spouse or civil partner, a cohabitant (someone who lived with the deceased as if in a family relationship), children of the deceased, parents of the deceased, and siblings of the deceased. Each qualifying relative can claim solatium in their own right. Claims for loss of financial support are available to anyone who was financially dependent on the deceased. The deceased’s personal estate can also bring a survivorship claim.
Fatal Accident Claims — Frequently Asked Questions
Solatium awards for bereavement range from approximately £15,000 to £100,000 per qualifying relative depending on the closeness of the relationship. Loss of financial support claims can be worth significantly more depending on the deceased’s earnings and the dependency period. Funeral expenses and the deceased’s own pre-death pain and suffering are also recoverable.
Under the Damages (Scotland) Act 2011, the following relatives can claim: spouse or civil partner, cohabitant, children, parents, and siblings. Each qualifying relative can claim solatium independently. Claims for loss of financial support are available to any relative who was financially dependent on the deceased.
Solatium is the Scottish legal term for compensation for grief, distress, and loss of society caused by the death of a family member. It is a non-financial loss award paid to each qualifying relative. Awards are assessed based on the closeness of the relationship and the impact of the bereavement on the individual claimant.
3 years from the date of death under the Prescription and Limitation (Scotland) Act 1973. For deaths caused by industrial disease or conditions with a delayed date of knowledge, the 3-year period may run from when the family first became aware the death was caused by negligence.
A survivorship claim is brought by the deceased’s estate for any pain, suffering and financial losses the deceased personally experienced between the negligent act and their death. This is separate from the relatives’ claims for solatium and loss of support, and is brought under the Administration of Justice Act 1982.
Yes. Under the Damages (Scotland) Act 2011, relatives can claim for the loss of personal services the deceased provided, such as childcare, household management, DIY, gardening, and other practical support. The value is assessed based on the reasonable cost of replacing those services commercially.
How Do I Start My Claim?
It takes 2 minutes. Fill in our short form and one of our specialist Scottish solicitors will call you back at a time that suits. They will listen sensitively, explain your family’s legal rights, and advise on the next steps — all completely free and with no obligation. If you decide to go ahead, everything is handled for you on a no win no fee basis from start to finish. You pay nothing unless you win.
About this page: Written by the Scottish Claims Helpline editorial team. Reviewed by a qualified Scottish solicitor. Last reviewed February 2026. Scottish Claims Helpline is authorised and regulated by the Financial Conduct Authority (
FRN 830381).