Quick answer
A death caused by wrongful conduct can give rise to claims for the deceased’s own losses and for qualifying relatives’ losses. Scottish law distinguishes financial dependency and services from the relatives’ loss of society; the executor and relatives may have different roles.
What this guide adds
This guide separates the estate and relatives’ heads of loss, identifies the evidence needed for each and explains why a criminal case, Fatal Accident Inquiry and civil claim are different processes.
Two connected but distinct parts
The deceased’s claim may include losses arising before death and can be pursued by the executor. Qualifying relatives may have claims including grief and sorrow, loss of society and guidance, financial support and services, depending on the statutory relationship and facts.
Evidence for dependency
- Wages, pension, benefits and tax records
- Household spending and family finances
- Childcare, DIY, transport and caring services
- The deceased’s likely career and retirement path
- Funeral and other attributable expenses
Who is a relative is a legal question
The Damages (Scotland) Act 2011 defines the relevant categories and relationships. Do not assume that every family member has the same claim or that one relative’s settlement fixes another’s award.
Other investigations do not replace the civil case
Police, regulators, procurators fiscal and a Fatal Accident Inquiry may investigate different questions. A civil claim applies the civil standard of proof and may proceed on a separate timetable. Preserve documents and ask before sharing privileged material.
Time and sensitivity
The limitation analysis may run from death or later knowledge, depending on the claim and facts. Early advice also allows an executor to be identified, evidence preserved and family claims coordinated without forcing premature valuation of grief.
Authoritative sources
These primary sources support and contextualise this guide. They are not a substitute for advice on the facts of an individual case.
- Damages (Scotland) Act 2011 — Primary legislation governing damages where personal injury results in death.
- SCTS: Fatal Accident Inquiries — Official explanation of the purpose and procedure of an FAI.
- Prescription and Limitation (Scotland) Act 1973 — The statutory framework for limitation in Scottish personal injury actions.
Next useful steps
Read the Serious injury claims, build an evidence checklist, and check the Scottish time-limit guide.
General information only. The applicable law, forum and deadline depend on the facts. Medical symptoms should be assessed by an appropriate healthcare professional.