BBK Manifesto 2026: Modernise the law on fatal claims

Few experiences are more devastating than losing someone you love, particularly when their death could have been prevented. When someone dies because of negligence, the law allows certain family members to claim a statutory bereavement award. However, the law governing these claims is outdated, restrictive and increasingly out of step with modern family life. 

Our Manifesto for Injured People is recommending the law in England and Wales is updated to widen the family members eligible for bereavement damages, and give judges greater discretion to decide awards based on the circumstances of each case. 

A bereavement award that fails grieving families

The statutory bereavement award is currently fixed at £15,120 for deaths occurring on or after May 2020. While no amount of money could ever compensate for the loss of a loved one, many families find this figure difficult to comprehend. It bears little relation to the profound grief and trauma experienced after a preventable death and can feel like little more than a token payment. 

Public opinion reflects this concern. Research conducted by YouGov for the Association of Personal Injury Lawyers (APIL) found that 69% of British adults believe £15,120 is too little compensation for the grief caused by a wrongful death. The same research found that 73% believe compensation should vary according to the circumstances of each individual case rather than being fixed at a single amount. 

Outdated rules about who deserves recognition

The amount awarded is not the only problem. The law also takes an outdated view of what constitutes a family.  

Currently, only a limited group of people can claim a bereavement award: 

• A spouse or civil partner 

• A cohabiting partner who lived with the deceased for at least two years 

• The parents of a child under 18 (or only the mother where the child was born outside marriage) 

This excludes many people who experience immense loss, including: 

• Children of any age who lose a parent  

• Parents whose child was over the age of 18 

• Partners who had been together for less than two years 

• Grandparents 

• Brothers and sisters 

• Aunts, uncles and other close relatives 

The law effectively tells these families that their grief does not count. 

Perhaps nowhere is this more striking than for parents whose child dies shortly after turning 18. The trauma of losing a child does not suddenly become any less devastating because they have reached adulthood, yet the law draws an arbitrary line that ignores this reality. 

A postcode lottery for bereaved families

Whether bereaved families receive meaningful recognition can depend entirely on where in the United Kingdom the death occurred. 

In Scotland, bereavement claims are considered on a case-by-case basis. Rather than applying a fixed payment and rigid eligibility criteria, the courts consider the individual relationship between the deceased and the claimant, along with the circumstances of the case. This creates a more compassionate system that recognises modern families rather than relying on outdated assumptions about family relationships. 

Scottish law also acknowledges that grief extends far beyond spouses and parents of young children. Parents whose adult children have died, grandparents, siblings and other close family members may all be recognised where appropriate. 

The Association of Personal Injury Lawyers (APIL) called this a postcode lottery, concluding in its report, Bereavement Damages: A Dis-United Kingdom, that the law on bereavement damages is “unfit for the 21st century”.  

Momentum for reform must continue

In June 2025, Justice Minister Sarah Sackman KC responded to a Parliamentary Question from Vikki Slade MP, stating that while bereavement damages were being kept under review as part of wider civil justice reforms, there were no immediate plans to undertake a formal review. 

The following month, in correspondence with APIL, the Minister indicated that she would consider APIL’s request for a review of bereavement damages. 

These statements suggested the Government was willing to engage with concerns about the current system. However, despite these comments, no formal review has been announced and there has been no public update on the issue. 

Bereaved families should not have to wait indefinitely for a system that reflects the reality of modern family life. 

The way forward

Our Manifesto for Injured People is asking for law reform in England and Wales to ensure bereaved families are treated fairly and compassionately. That means: 

• Expanding eligibility so the law reflects modern family relationships. 

• Replacing the fixed statutory award with judicial discretion so compensation can reflect the circumstances of each case. 

• Learning from Scotland’s more flexible and compassionate approach. 

Reforming fatal claims is not about placing a value on someone’s life. It is about ensuring the law properly recognises grief, acknowledges the diversity of modern families and treats bereaved people with the dignity they deserve. 

This blog is part of our 2026/27 Manifesto for Injured People. At Bolt Burdon Kemp, we support injured people not only by winning their cases but by driving positive change. Guided by our clients’ experiences and partnerships with charities across the UK, we are raising awareness of the changes needed 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.