BBK Manifesto 2025: Update the law on fatal claims

There are few tragedies more devastating than losing someone you love, especially when it could have been prevented. When a death occurs because of negligence, the law provides a financial award known as the bereavement award. But this area of law is outdated, restrictive and unjust. BBK believes it urgently needs reform.

The value of a life

Currently, the bereavement award is fixed at £15,120 for deaths occurring on or after May 2020. While no amount of money could ever reflect the loss of a loved one, many families find this figure shockingly low. It feels like a token sum, one that diminishes the real emotional impact of such a tragedy.

Who can claim?

Eligibility to claim the award is limited to a narrow group:

• A spouse or civil partner
• A cohabitee who lived with the deceased for at least two years
• The parents of a child under 18 (or the mother only if the child was born outside marriage)

This excludes many people who suffer profound loss, including:

• Children of any age who lose a parent
• Parents whose child is over 18
• Unmarried partners of less than two years
• Siblings, grandparents and other close relatives

The law’s message is stark: unless your relationship fits these narrow categories, your grief is invisible in the eyes of the law.

Why reform matters

The courts themselves have recognised the injustice. In Smith v Lancashire Teaching Hospitals (2017), the Court of Appeal found excluding cohabiting partners breached human rights. Yet even after Parliament amended the law in 2020 to include long-term cohabitees, the system remains piecemeal and unfair.

By contrast, Scotland’s system is far more compassionate. Judges there consider each case individually, taking account of the closeness of relationships, with awards that can reach more than £100,000. This recognises grief cannot be standardised.

Recent Government position

Campaigners have long called for change. Until recently, the Ministry of Justice defended the current rules as “reasonable and proportionate.” But there are now signs of movement. In 2025, following pressure from the Association of Personal Injury Lawyers (APIL), Justice Minister Sarah Sackman KC indicated she would consider a full review of bereavement damages as part of the civil justice programme. This is a positive step, but families cannot wait indefinitely for reform.

The way forward

The law in England and Wales must be brought into line with modern society. That means:

• Expanding eligibility to reflect the reality of family life and relationships
• Replacing the token fixed sum with judicial discretion to reflect genuine loss
• Learning from Scotland’s more flexible and compassionate approach

Bereaved families deserve more than outdated rules and a token payment. Updating the law on fatal claims is not just about money. It is about recognising grief, respecting relationships, and ensuring justice for those left behind.

This blog is part of our 2025/26 Manifesto for Injured People. At Bolt Burdon Kemp, we support injured people not only by winning their cases but by driving change. Guided by our clients’ experiences and partnerships with charities across the UK, we are raising awareness of the change we need to see to better support injured people. We will continue working with politicians from all parties to ensure injured people’s needs are not overlooked in Westminster or beyond. You can read our full manifesto here.