Fatal Injury Claims in Ireland: What Families Need to Know After Losing a Loved One
A fatal injury claim lets the dependants of a person who died through someone else's negligence seek compensation in Ireland. It's a type of personal injury claim, brought not by the person who died but by the family who relied on them. The law that governs it is Part IV of the Civil Liability Act 1961 (Revised) [1]. This page is a starting point for bereaved families: it explains the official processes that begin straight away, who can claim, what compensation covers, and where to go next. Understanding these steps is the first part of pursuing fair compensation for injury in Ireland at a time when little feels manageable.
In short: After a death caused by negligence, several processes can run at the same time: a Garda or Health and Safety Authority investigation, a coroner's inquest, and the family's civil claim through the Injuries Resolution Board (IRB) or the High Court. The two-year time limit runs from the date of death and is not paused by the inquest. Only one claim is brought for all dependants.
Quick answers
Who can claim? Statutory dependants under the Civil Liability Act 1961, including a spouse, civil partner, cohabitant of three or more years, children, parents, grandparents, and siblings. One claim covers everyone.
How long do I have? Two years from the date of death, or the date of knowledge that negligence caused it. The inquest does not pause this.
How much is the solatium? €35,000 in total for all dependants, shared. Loss of dependency is uncapped and usually larger.
Does it go to the IRB or court? Most fatal claims start at the IRB. Fatal medical negligence claims go straight to the High Court.
What does it cost? Fees cannot be a percentage of compensation in Ireland. Many fatal claims run on a conditional fee basis, though outlays and adverse-costs risk can still apply.
Do I need a solicitor? It is not legally required, but the strict deadlines, the actuarial evidence, and inquest representation mean most families use one.
Contents
What is a fatal injury claim?
A fatal injury claim is a civil action brought by the dependants of a person who died because of another party's negligence or wrongful act. The claim belongs to the family, not to the person who's died. Under Part IV of the Civil Liability Act 1961, the core test is simple. If the deceased could have brought a personal injury claim had they survived, their dependants can bring a fatal injury claim against the same wrongdoer.
Irish law actually creates two separate claims after a death, not one. The estate survival action recovers the deceased's own losses before death, such as medical bills and lost earnings. The dependency claim compensates the family for their future financial and service losses. Our existing detailed guide explains how fatal injury claims work head by head, including the estate-and-dependency split. This hub keeps to the overview so you can see the whole picture first.
What happens immediately after a fatal accident in Ireland?
Several official processes usually begin within hours or days of a death, and they run in parallel rather than one after another. Families are often focused on the funeral and the inquest, while the legal deadline for a claim is already running in the background. Knowing what's happening, and how each part affects a future claim, removes some of the confusion at a frightening time.
Five processes commonly start at once. A Garda investigation begins if the death involved a road collision or a suspected crime, and it won't wait for the family to act. A Health and Safety Authority [2] investigation begins if the death happened at work. The coroner opens an inquest to establish the medical cause of death. The Injuries Resolution Board route or High Court route opens for the civil claim. And the family's own two-year clock starts on the date of death. These don't wait for each other.
The trap families fall into: the coroner's inquest can take many months, sometimes longer in complex cases. The two-year limit for the civil claim runs from the date of death and is not paused while you wait for the inquest. In our experience supporting families after a fatal accident, the most common and most damaging mistake is waiting for inquest answers before getting legal advice. Evidence also fades fast, and CCTV is often overwritten within 7 to 30 days.
The inquest itself is worth understanding early, because it feeds the civil claim. It's a fact-finding inquiry only. Under section 30 of the Coroners Act 1962 (Revised) [3], the coroner can't decide blame or liability. Yet the sworn evidence, post-mortem findings, and depositions produced at the inquest can become valuable evidence in the civil case. Our guide to the role of inquests in negligence cases explains how that evidence transfers across.
How the first weeks and months typically unfold
The sequence below shows how the parallel processes usually overlap. Timings vary with the cause of death and how contested the case is, so treat this as a general shape rather than a fixed schedule.
| When | What is usually happening | Why it matters for the claim |
|---|---|---|
| First days | Garda or Health and Safety Authority attends. Coroner takes jurisdiction over the body. Funeral arrangements begin. | Evidence is freshest now. CCTV is often overwritten within 7 to 30 days. |
| Weeks 1 to 8 | Investigation file opened. Death certificate issued (sometimes interim, pending the inquest). Family identifies who the dependants are. | Early legal advice protects evidence and the two-year deadline while the family grieves. |
| Months 1 to 6 | For most causes, the Injuries Resolution Board application is prepared and filed. For medical negligence, High Court proceedings are prepared once an expert report is ready. An actuary is instructed to value the dependency. | The respondent has 90 days to consent to the IRB assessment. |
| Months 6 onward | IRB assessment (often around nine months from consent) or the case progresses through the court. The coroner's inquest may still be pending. | The inquest can outlast the deadline. The two-year clock does not pause for it. |
Who can bring a fatal injury claim in Ireland?
Only statutory dependants can bring a fatal injury claim, and only one claim is brought for the whole family. Section 47 of the Civil Liability Act 1961 sets out who qualifies. The list is broad, and it reaches well beyond a spouse and children, so don't assume you're excluded.
Qualifying dependants include a spouse or civil partner and a cohabitant who lived with the deceased continuously for at least three years. They also include children (including adopted and step-children), parents and step-parents, grandparents, grandchildren, and siblings, including half-siblings. Relatives outside that list, such as aunts, uncles, nieces, nephews, and friends, cannot claim, no matter how close the bond. A dependant must also have suffered financial loss or mental distress as a result of the death.
One feature surprises many families. For the first six months after the death, the deceased's personal representative, usually the executor of the will or the administrator of the estate, holds the exclusive right to bring the claim. Only after that six-month period may an individual dependant bring it.
In practice this means an early step is sorting out who the personal representative is. Where there's a will, that's the named executor. Where there's no will, a close family member usually applies to become the administrator through a grant of letters of administration. If the personal representative doesn't act within the six months, any dependant can then bring the single claim on behalf of everyone. Getting this clear early avoids two dependants starting separately, which the one-claim rule does not allow. Because the rules on cohabitants, step-relationships, and how an award is divided can be involved, a dedicated guide on who can claim for a death is planned as part of this section. For now, our detailed fatal injury claims guide sets out the full dependant table.
Could you be a statutory dependant?
Select your relationship to the person who died to see whether the law treats you as a dependant who can be included in the claim. This is general information, not legal advice.
What compensation can families claim?
Fatal injury compensation in Ireland falls under four headings, and only one of them is capped. There's no fixed figure, because every family's circumstances differ. Awards depend on the facts and are assessed by reference to the Personal Injuries Guidelines [4] where general damages arise, and awards vary case by case.
The four heads are solatium, loss of financial dependency, loss of services, and special damages. Solatium is a statutory payment for mental distress. It's capped at €35,000 in total for all dependants combined, shared between them, and it requires no psychiatric diagnosis. Ireland's cap was set by S.I. No. 6 of 2014 [5] with effect from 11 January 2014, increased from €25,394.76. It isn't a sum per person.
Loss of financial dependency is usually the largest part of the award and has no cap. A consultant actuary calculates the future income and support the family would have received. Courts then apply a discount for the fact that a lump sum is paid now rather than over many years, a principle that traces back to Reddy v Bates [1983] IR 141. Loss of services covers the commercial cost of unpaid work the deceased did, such as childcare, cooking, home maintenance, and care for other relatives. Special damages cover funeral costs and other vouched expenses. This is also where Irish and UK law part company. Ireland uses a shared solatium under the Civil Liability Act 1961, not the fixed per-person bereavement award that applies in England and Wales under the UK Fatal Accidents Act 1976. Guides written for the UK do not reflect how compensation works in Ireland. Because the dependency calculation is detailed, our compensation guide and the existing fatal injury page explain how the figures are built. Dedicated pages on the solatium and on dependency claims are planned to sit under this hub.
A point many families miss: a relative who witnessed the death or its immediate aftermath and developed a diagnosed psychiatric illness may have a separate claim for nervous shock. It's brought in their own name, is not subject to the €35,000 solatium cap, and can be worth considerably more. It's a distinct action from the fatal injury claim. Our guide to secondary victim claims explains the legal test.
Fatal injury claims by cause
The same legal framework applies whatever caused the death, but the defendant, the investigating body, and the claim route change. What stays the same is Part IV of the Civil Liability Act 1961. What changes is who you claim against and whether the claim starts at the IRB or the High Court.
| Cause | Typical defendant | Investigating body | IRB first? |
|---|---|---|---|
| Road traffic collision | Other driver or their insurer | An Garda Siochana | Yes |
| Workplace accident | Employer | Health and Safety Authority | Yes |
| Medical negligence | Hospital, HSE, or consultant | Coroner and clinical review | No, direct to High Court |
| Public liability | Premises occupier or local authority | Depends on circumstances | Yes |
| Uninsured or untraced driver | Motor Insurers' Bureau of Ireland | An Garda Siochana | Yes, with MIBI as respondent |
One rule matters across all of these. Fatal medical negligence claims are exempt from the IRB under section 3 of the Personal Injuries Assessment Board Act 2003 (Revised) [6] and proceed directly to the High Court. All other fatal claims start with an application to the IRB, formerly the Personal Injuries Assessment Board, using its dedicated Fatal Accident Application Form. Ireland differs from the UK here too. There is no UK equivalent of the IRB as a mandatory pre-court step for fatal claims, so the Irish route has a stage that English and Welsh claims do not.
A Supreme Court decision shaped one part of how these claims work. In Morrissey v Health Service Executive [2020] IESC 6, a case arising from the CervicalCheck screening controversy, the court set €500,000 as the then ceiling for general damages in the most serious personal injury cases. That ceiling has since been raised to €550,000 by the Personal Injuries Guidelines adopted by the Judicial Council in 2021, which now govern the figure for general damages. On loss of services, it held that a living plaintiff could not recover for the value of the services they would have provided to their family during the years their life was cut short, and that changing the law on this point is a matter for the Oireachtas rather than the courts. For families, the practical point is that certain losses are recovered through the statutory dependency claim after death under Part IV, not through the deceased's own lifetime action, which is one more reason to treat the fatal claim as its own distinct case.
How to make a fatal injury claim in Ireland
Most fatal injury claims follow the same six steps, whoever the claim is against. Medical negligence claims skip the Injuries Resolution Board and go straight to the High Court, but the rest of the path is broadly the same.
- Confirm who brings the claim. Identify the personal representative and the statutory dependants. For the first six months, the personal representative brings the single claim for everyone.
- Get legal advice and preserve evidence early. Secure the death certificate, the Garda or Health and Safety Authority file, and any CCTV before it is overwritten.
- Value the loss. A consultant actuary calculates the loss of dependency. Funeral costs and other expenses are gathered as special damages.
- Start the claim on the right route. For road traffic, workplace, and public liability deaths, submit the Injuries Resolution Board Fatal Accident Application Form. For medical negligence, issue High Court proceedings.
- Assessment or negotiation. The IRB assesses the claim, or the parties negotiate or mediate. Many claims settle without a full court hearing.
- Resolution. The award or settlement is approved and divided among the dependants according to each person's loss.
Applying to the Injuries Resolution Board
Fatal claims that are not medical negligence start with the IRB's dedicated Fatal Accident Application Form. The form needs the death certificate, the dependants' details, and the deceased's income information. The application fee is €45 online or €90 by post, according to Citizens Information [9]. Once the IRB acknowledges a complete application, the two-year clock is paused under section 50 of the Personal Injuries Assessment Board Act 2003 while the Board deals with the case. The party responsible then has 90 days to consent to an assessment.
Do most fatal injury claims go to court?
No. Most are resolved by assessment or settlement rather than a contested trial. The Injuries Resolution Board offers a free mediation service, extended to road traffic claims since 12 December 2024, where an independent mediator helps both sides reach agreement. A court hearing is the exception, usually where liability is denied or the value is strongly disputed. Even then, High Court approval is required for any settlement involving dependent children, which protects their share.
How long does a fatal injury claim take?
There is no fixed timeframe, but a straightforward claim assessed by the Injuries Resolution Board often takes around nine months from the point the respondent consents. Contested claims, and most medical negligence claims, take considerably longer, often three to four years, because liability has to be proven and expert evidence gathered. The dependency claim under section 48 of the Civil Liability Act 1961 also needs an actuarial calculation, which adds time. Sorting out the grant of probate or letters of administration for the estate can run alongside the claim. Settling rather than fighting a case in court is usually the faster route.
How long do you have to make a claim?
The standard time limit is two years from the date of death. Section 6 of the Statute of Limitations (Amendment) Act 1991 [7] sets this deadline. Miss it, and you'll usually lose the right to claim, however strong the case. That's why the deadline, not the funeral or the inquest, should drive the timing of early legal advice.
Three exceptions soften the rule. Under the date of knowledge exception, the clock can start later if the family could not reasonably have known that negligence caused the death, which is common in medical cases. For dependants under 18, the two-year period does not begin until the child turns 18, although a parent can bring a claim earlier on the child's behalf. And the period is paused while a dependant lacks the mental capacity to act. Our guide to claim time limits covers these in full. The one point to hold onto is that the inquest does not stop the clock.
Check the standard two-year deadline
Enter the date of death to see the standard two-year deadline. This is general information, not legal advice, and important exceptions can change the real date.
Use the format day, month, year.What does a fatal injury claim cost?
In Ireland, a solicitor's fees cannot be charged as a percentage of the compensation. Section 149 of the Legal Services Regulation Act 2015 (Revised) [12] prohibits percentage or contingency fees in contentious business. Under section 150, your solicitor must give you a written notice setting out how costs are calculated before any work begins. This is educational information, not a fee quote.
Many fatal injury claims are run on a conditional fee basis, where the solicitor's professional fee is not charged if the claim is unsuccessful. That arrangement does not remove every cost. Outlays such as the actuary's report and medical or engineering reports, and the risk of an adverse costs order if a case is lost in court, can still apply. After-the-event insurance is sometimes available to cover those risks. Because each family's situation differs, the practical step is to ask a solicitor to explain the likely costs for your specific case. Our guide to how legal costs work sets out the detail.
What are the first steps for bereaved families?
The days after a death are overwhelming, and this is not about rushing into a claim. It's about protecting a few things that can become important later, so the family keeps its options open while it grieves. You can keep the short checklist below to hand, or ask us for a printable copy.
A short, practical checklist:
- Report to An Garda Siochana if the death involved a collision or a suspected crime, and keep the station name and any PULSE reference.
- Ask about preserving evidence early, including CCTV, which is often overwritten within weeks.
- If the death happened at work, request the employer's accident report and note that the employer must report it to the Health and Safety Authority.
- Begin gathering documents: the death certificate, the deceased's payslips or tax returns, and pension or life insurance details.
- Consider early legal advice, mainly so evidence is preserved and the time limit is protected.
Life insurance and death-in-service benefits do not reduce a fatal injury claim. Section 50 of the Civil Liability Act 1961 prevents those private benefits being deducted from the award. A family receiving an insurance payout keeps the full right to claim the value of its dependency loss.
A change on the horizon: the Civil Reform Bill 2025
A proposed reform will change which court hears smaller fatal claims. The General Scheme of the Civil Reform Bill 2025, published in January 2026, would raise the Circuit Court's limit for personal injury cases from €60,000 to €100,000. For a fatal claim limited to the €35,000 solatium and funeral costs, where there are no financial dependants, that would move the case from the High Court to the Circuit Court. For families, the likely effect is faster progress and lower costs on smaller claims. The Bill is at an early stage, so the detail may still change before it becomes law.
Fatal injuries in Ireland: the numbers
Fatal accidents remain a significant cause of preventable death in Ireland. In 2025, 185 people died on Irish roads, up from 171 in 2024, according to the provisional end-of-year review from the Road Safety Authority (January 2026) [8]. In the same year, 58 people died in work-related incidents, a 61 per cent rise on 2024, provisional Health and Safety Authority figures (January 2026) [2] show, with agriculture accounting for 23 of those deaths despite employing around 4 per cent of the workforce.
Behind each figure is a family facing the question this page exists to answer: was the death caused by another party's negligence, and if so, what can be done. Where the answer's yes, a fatal injury claim is one of the few practical routes to financial security for those left behind.
Getting specialist support
If you have lost a loved one and want to understand your family's legal position, you can talk to a solicitor about your options. As personal injury solicitors in Dublin acting for families across Ireland, we handle fatal injury claims from start to finish, including representation at the inquest, identifying every dependant, and instructing the actuary who values the dependency loss. Your role is simply to provide documents and instructions. We'll manage the process so you can focus on your family.
You can get a free, confidential assessment of your situation with no obligation. Call 01 903 6408, available seven days, or contact us online. There's no pressure and no cost to find out where you stand.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Common questions
Who can claim for a death in Ireland?
Statutory dependants under section 47 of the Civil Liability Act 1961 can claim. This includes a spouse or civil partner, a cohabitant of at least three years, children, parents, grandparents, grandchildren, and siblings. Only one claim is brought for everyone.
Why it matters: a dependant left out of the single claim can lose their entitlement.
Next step: See the full dependant table.
How long do I have to bring a fatal injury claim?
Two years from the date of death, or from the date of knowledge that negligence caused it. For children, the clock starts at 18. The inquest does not pause this deadline.
Why it matters: waiting for the inquest can run the time out.
Next step: Read about claim time limits.
How much is the solatium for mental distress?
Solatium is capped at €35,000 in total for all dependants combined, set by S.I. No. 6 of 2014. It is shared, not paid per person, and requires no diagnosis. Loss of dependency, by contrast, has no cap.
Why it matters: the solatium is usually the smallest part of the award, not the whole of it.
Next step: See how compensation is assessed.
Can I claim if we were not married?
Yes, if you lived with the deceased continuously for at least three years before the death. A qualifying cohabitant is a statutory dependant. You will need evidence of the relationship, such as joint accounts, bills, or a shared address.
Why it matters: partners often assume wrongly that they cannot claim.
Next step: Check the eligibility rules.
Do I need to wait for the inquest before making a claim?
No. The two-year limit runs independently of the inquest. Evidence from the inquest will help the civil case, but the inquest timeline does not pause the deadline. Early advice protects both the evidence and the time limit.
Why it matters: the inquest can take longer than the deadline allows.
Next step: How inquest evidence is used.
Does a fatal claim go through the Injuries Resolution Board or the court?
It depends on the cause. Road traffic, workplace, and public liability fatal claims start at the Injuries Resolution Board. Fatal medical negligence claims are exempt and go directly to the High Court.
Why it matters: the route shapes the timeline and the first steps.
Next step: About the IRB process.
Does a life insurance payout reduce the claim?
No. Section 50 of the Civil Liability Act 1961 prevents insurance proceeds, pensions, or death-in-service benefits being deducted from the award. These are private benefits the deceased paid for.
Why it matters: families wrongly fear that a payout cancels the claim.
Next step: Read the detailed guide.
Can I claim if no one was prosecuted for the death?
Yes. A fatal injury claim is a civil matter decided on the balance of probabilities, a lower standard than a criminal prosecution. The absence of charges does not prevent a civil claim.
Why it matters: a decision not to prosecute does not end the family's civil rights.
Next step: Understand your legal position.
How much compensation can a family get for a death?
There's no single figure. The award combines uncapped loss of dependency, the €35,000 shared solatium, loss of services, and funeral costs, and it's assessed on the facts by reference to the Personal Injuries Guidelines where general damages arise. Awards vary case by case.
Why it matters: the dependency element, not the solatium, usually drives the total.
Next step: How compensation is assessed.
Is Irish fatal injury law the same as the UK?
No. Ireland uses a shared solatium under the Civil Liability Act 1961, not the UK's fixed per-person bereavement award under the Fatal Accidents Act 1976. Irish fatal claims also pass through the Injuries Resolution Board, which has no UK equivalent. UK guides don't reflect Irish law.
Why it matters: applying UK figures or steps to an Irish death gives the wrong picture.
Next step: Read the Irish rules in detail.
More in this series
Who Can Claim for a Death in Ireland: Statutory Dependants Explained
Solatium in Ireland: The Mental Distress Payment and How It Is Divided
Dependency Claims: How Loss of Financial Support Is Calculated
Inquests in Ireland: A Guide for Bereaved Families
Related guides: Fatal injury claims in detail · Fatal road traffic accidents · Fatal workplace accidents · Claiming after a death (medical negligence)
Key terms explained
Fatal injury claims use a handful of legal terms that families rarely meet anywhere else. Here is what each one means in plain English.
- Solatium
- A fixed statutory payment for the mental distress of losing a loved one, capped at €35,000 in total for all dependants and shared between them. It needs no psychiatric diagnosis.
- Statutory dependant
- A family member the law allows to claim, listed in section 47 of the Civil Liability Act 1961. It includes spouses, civil partners, cohabitants of three or more years, children, parents, grandparents, grandchildren, and siblings.
- Dependency claim
- The claim for the financial support and unpaid services the family lost because of the death. It has no cap and is usually the largest part of the award.
- Estate survival action
- The separate claim for losses the deceased suffered before death, such as medical bills and lost earnings, which is brought for the benefit of the estate.
- Personal representative
- The person who administers the deceased's estate, either the executor named in a will or an administrator appointed where there is no will. They have the exclusive right to bring the claim for the first six months.
- Date of knowledge
- The point at which the family first knew, or could reasonably have known, that negligence caused the death. In some cases the two-year time limit runs from this date rather than the date of death.
References
- Civil Liability Act 1961 (Revised), Law Reform Commission. Accessed June 2026.
- Work-related fatality figures 2025, Health and Safety Authority, January 2026. Accessed June 2026.
- Coroners Act 1962, section 30 (Revised), Law Reform Commission. Accessed June 2026.
- Personal Injuries Guidelines, Judicial Council. Accessed June 2026.
- S.I. No. 6 of 2014, Civil Liability Act 1961 (Section 49) Order 2014, Irish Statute Book. Accessed June 2026.
- Personal Injuries Assessment Board Act 2003, section 3 (Revised), Law Reform Commission. Accessed June 2026.
- Statute of Limitations (Amendment) Act 1991, section 6, Irish Statute Book. Accessed June 2026.
- Road Deaths Increase in 2025 (provisional review), Road Safety Authority, January 2026. Accessed June 2026.
- Injuries Resolution Board and making a claim for someone else, Citizens Information. Accessed June 2026.
- Morrissey v Health Service Executive [2020] IESC 6, Supreme Court of Ireland. Accessed June 2026.
- General Scheme of the Civil Reform Bill 2025, Department of Justice. Accessed June 2026.
- Legal Services Regulation Act 2015 (Revised), sections 149 and 150, Law Reform Commission. Accessed June 2026.
This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
