Guide to Loss of Society Claims under the Damages Scotland Act 2011.
When a loved one dies because of someone else’s negligence, the emotional impact on families can be devastating. In Scotland, the law recognises this loss.
Under Scottish law, certain relatives may be entitled to claim compensation for what is known as loss of society. This form of compensation recognises the emotional suffering, loss of companionship, and absence of guidance or care caused by the death of a family member.
At Oakwood Scotland Solicitors, our experienced Personal Injury Solicitors and Paralegals regularly support families pursuing claims following fatal accidents, occupational illness, and medical (or clinical) negligence.
This guide explains:
- What Loss of Society means in Scottish law
- Who can make a claim
- When damages may be awarded
- How compensation is calculated
We also include some real examples of claims handled by our legal team at the end of this article.
What is Loss of Society?
A Loss of Society claim compensates close relatives for the non-financial impact of losing a loved one due to negligence.
In Scottish law, Loss of Society recognises the loss of:
- Love and companionship
- Emotional support
- Guidance and advice
- Care and protection
- The shared experiences of family life
This type of compensation forms part of a fatal accident claim and is separate from financial losses such as lost income or funeral expenses.
Loss of Society damages acknowledge that the death of a family member affects people in deeply personal ways that cannot be measured purely in financial terms.
Who can claim Loss of Society in Scotland?
The Damages Scotland Act 2011 identifies specific categories of relatives who may be eligible to claim.
These may include:
- Spouses or civil partners
- Cohabiting partners
- Parents and step-parents
- Children and step-children
- Siblings
- Grandparents
- Grandchildren
Eligibility depends on the nature of the relationship with the deceased and the circumstances of the case.
Even where relationships may not appear straightforward, for example long-term partners who were not married, legal arguments can sometimes establish entitlement to damages.
Our Solicitors can advise whether you fall within the statutory definition of a relative.
Other damages available in Fatal Accident Claims
In addition to Loss of Society, Scottish law may allow other forms of compensation:
Transmissible Solatium
Transmissible Solatium compensates for the pain and suffering experienced by the deceased before death. This payment is made to the executor of the estate, rather than directly to family members.
Examples include situations where the injured person survived for a period of time before passing away, such as after a road traffic collision or workplace accident.
Loss of Financial Support
Relatives like children or a spouse, who depended on the deceased financially, may claim damages for loss of financial provision.
The court will consider factors such as the deceased’s income, employment prospects, and the level of support provided to family members.
Situations where Loss of Society Claims may arise
Our solicitors regularly pursue claims involving:
Fatal Road Traffic Accidents
Collisions caused by dangerous driving, drunk driving, or negligence.
Workplace Fatalities
Accidents involving unsafe working practices, unsafe equipment, or lack of training.
Occupational Disease
Exposure to harmful substances such as asbestos leading to diseases like Mesothelioma.
Clinical Negligence
Where errors or failures in medical treatment result in death.
Public Liability Incidents
Fatal accidents occurring in public places due to unsafe conditions.
Each claim depends on establishing that another party was legally responsible for the death.
How Loss of Society compensation is calculated
Unlike financial losses, Loss of Society damages are not based on a fixed formula.
Scottish courts consider several factors, including:
- The closeness of the relationship
- The age of the deceased
- The age of the claimant
- The role the deceased played in family life
- Previous court awards in similar cases
Awards can vary significantly depending on circumstances, but the courts aim to recognise the real emotional impact of the loss.
Real case examples
Below are two anonymised examples illustrating the types of cases our Solicitors have handled.
In a tragic case involving deliberate dangerous driving, a vehicle carrying a family was forced off the M8 Motorway, causing it to roll down an embankment.
A two-month-old baby died as a result of the collision.
The claim involved damages for:
- Transmissible Solatium
- Loss of Society for parents and siblings
- Personal injury damages for surviving family members
Cases like this highlight the profound emotional loss families experience after a fatal accident.
In one unusual case, we pursued an international claim involving asbestos exposure in Scotland during the 1960s that later led to Mesothelioma.
The deceased had moved to the United States and died in California, decades after the exposure.
Because he survived for around two years following diagnosis, the case raised complex issues involving:
- Transmissible Solatium
- Loss of financial support
- Loss of society claims from children and grandchildren
The case also required careful consideration of differing living costs between Scotland and the United States when calculating damages.
Time limits for Loss of Society Claims in Scotland
In most cases, claims must be brought within three years of the date of death.
However, there may be exceptions depending on the circumstances of the case, particularly where the cause of death was only discovered later.
Seeking legal advice as soon as possible is always recommended.
Speak to a Scottish Personal Injury Solicitor
If you have lost a loved one due to negligence, you may be entitled to claim compensation for loss of society and other damages.
At Oakwood Scotland Solicitors, our personal injury team has extensive experience handling complex fatal accident claims across Scotland.
We can advise you on:
- Whether you are eligible to claim
- What compensation may be available
- How the legal process works
- The next steps in pursuing a claim
Contact our team today for confidential advice on your situation.
Further reading
Road Traffic Accident (RTA) Claims – Oakwood Scotland Solicitors
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation. Choose one of the methods on this page, or call us on 0141 406 3324 to find out how we can help you with your enquiry.
