Fatal accidents while serving – what happens to the family?

By its very nature, serving in the military can be dangerous. When a fatality happens, it’s a devasting time for the victim’s family with many questions to be answered.

And for those who depended on the victim financially, it can be an especially challenging time. But they may be able to claim for financial support.

It’s important to know fatalities while serving are not limited to the workplace and include road traffic accidents, deaths during annual leave, and fatalities during adventurous training.

Dependency claims

When someone dies due to the negligence of another person, the dependant of the deceased may be eligible to make a claim for financial support that can no longer be provided by the deceased.

A list of people eligible to make a dependency claim is laid out in the Fatal Accidents Act 1976.  These include but are not limited to:

• Spouses, civil partners or former spouses or civil partners of the deceased;
• Partner of the deceased where they have lived together in the same household for at least two years prior to the death;
• Children of the deceased.

Dependency claims consider two areas:

• Financial dependency is where the dependant was financially reliant on the income of the deceased. This may include their salary.
• Loss of service is where the dependant relied upon the deceased for care, DIY or other tasks that may now need to be done by a professional.

Where death happens because of service, regardless of any negligence, the MOD may pay benefits to dependants known as a ‘Survivors Guaranteed Income Payment’. Dependants may also be eligible to claim under the Armed Forces Compensation Scheme.

Where the death happened because of the negligence of the MOD or the negligence of another, we advise the dependants or their representatives to seek legal advice as soon as they can. We understand it will be a stressful and traumatic time and are here to help and support you.

For military families, pastoral or immediate financial support may be available from organisations including Service Welfare, Defence Medical Welfare and SSAFA.