The law in Scotland provides that if you’ve lost a loved one and their death was caused by wrongful circumstances, you may be entitled to compensation.
In this article, we’ll explain:
- What a loss of society claim is
- Who can make a claim
- What evidence you need to prove your claim
- How much compensation you might receive
What is a loss of society claim?
In Scotland, close family members can claim compensation following the wrongful death of a loved one. This right only applies when the death was caused by negligence – for example, a driver causing a road traffic collision or a doctor providing incorrect treatment.
The Damages (Scotland) Act 2011 sets out the basis for making a claim for “loss of society”. It’s important to understand that this claim isn’t about putting a value on your loved one’s life. Instead, it’s intended to provide a financial award to recognise the impact their wrongful death has had – and will continue to have – on you.
Who can make a loss of society claim?
The law entitles “immediate” relatives of the deceased to claim. This includes:
- Spouse, civil partner or life partner
- Parent or stepparent
- Child or stepchild
- Sibling or half-sibling
- Grandparent or step-grandparent
- Grandchild or step-grandchild
The right to claim isn’t limited to blood relatives. Courts have extended it to individuals treated as family by the deceased, even without a formal family connection. This modern approach recognises all adopted, step and half relatives. Children under 16 and unborn babies can also claim, with a parent or guardian acting on their behalf.
How do you value a loss of society claim?
There’s no fixed amount. Each case is assessed on its own facts and circumstances.
Courts consider many factors, including the stress, anxiety, grief and sorrow experienced, and the impact the loss will have on your future. They also assess at the closeness of the relationship and the ages of both you and your loved one.
How does your relationship with the deceased affect a loss of society claim in Scotland?
It’s easy to assume a child would receive more for losing a parent than a grandparent, although that’s not always the case. Courts consider the family dynamics and would take into account if a grandparent played a parental role, or an older sibling was a primary carer.
Even if you had little or no relationship with the deceased, you can still claim if you fall within the eligible categories. However, the award is likely to be lower if the relationship was strained.
Does age affect how much compensation you get in a loss of society claim in Scotland?
The age of the claimant and the deceased is another factor. Courts may consider life expectancy and how many years you might reasonably have expected to spend together.
How do I prove my claim?
First, you’ll need to prove your relationship to the deceased with documents such as birth, marriage, death or adoption certificates.
Proving the closeness of the relationship is often harder. It’s difficult to capture what someone meant to you. Courts usually require a written statement explaining:
- How often you saw each other
- What you enjoyed doing together
- The impact their death has had on you – including grief, anxiety and ongoing emotional effects
We take a trauma-informed approach when helping clients prepare this evidence. Some prefer to write their own statement with prompts from us; others prefer to talk it through. Photographs can also help demonstrate the closeness of your relationship.
How much is my loss of society claim worth?
In Scotland, there’s no statutory cap on these awards, unlike in England, Wales and Northern Ireland, where limits apply.
Courts decide each case on its facts and circumstances. While there’s no fixed sum, recent case law suggests the following ranges for standard cases:
- Loss of a spouse, civil partner or life partner: £100,000 - £120,000
- Loss of a parent or stepparent: £40,000 - £70,000 (younger children usually receive more)
- Loss of a child or stepchild: £100,000 - £120,000
- Loss of a sibling, half or stepsibling: £25,000 - £45,000
- Loss of a grandparent or step-grandparent: £15,000 - £18,000
You may also be able to claim for financial losses, such as loss of financial support, for example, if your loved one was the main earner in your household. The deceased’s estate can claim for funeral costs and any pain and suffering they experienced before their death.
What can I do with the award?
There are no restrictions on how you use the award, and you don’t need to tell anyone what you do with it. Many clients feel uncomfortable about claiming, as no amount of money can replace what they’ve lost. Nevertheless, pursuing a claim can bring a sense of justice - and sometimes closure. Some clients choose to use the award to support family members or charities, creating something positive from a tragic situation.
Summary
This is a complex and evolving area of law. Courts compensate for the loss of the relationship, rather than awarding a set amount according to the familial relationship. They do so by assessing evidence on how close you were to your loved one and the impact of their death on you.
Whilst no amount of money will truly compensate for such a loss, Scots law recognises the emotional suffering families endure - and provides a way to seek justice.
If you'd like to speak to one of our experts about making a loss of society claim, please get in touch with our personal injury team.
