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Go back to contentsOrgan and tissue donation
A donation of organs or tissue from a loved one could help save or improve another person’s life. Organ donation is only possible if a person has died in hospital, and in specific circumstances.
Tissue donation, such as skin, bone, heart valves and corneas, may be possible whether the death happened in a hospital or not. It can happen up to 24 or even 48 hours afterwards.
What happens to a loved one's body?
Seeing a loved one's body
After someone dies suddenly or unexpectedly, their body is taken to a hospital mortuary or a local authority mortuary.
You can decide whether or not to see a loved one’s body. To help you make this decision, and if you didn’t see a loved one in hospital or at the roadside before their death, you can ask your police contact or medical staff to tell you about injuries to a loved one’s body and what their body looks like.
Sometimes, the bodies of people killed in road crashes have few visible injuries because injuries are internal. Sometimes bodies are very badly damaged. If a body is badly damaged, medical staff may cover the most damaged areas with a sheet. You can ask which areas of a body will be covered or uncovered. Sometimes the whole body is very badly damaged. Sometimes a body is a different colour, due to internal bleeding or bruising.
You may choose to see a loved one's body to say goodbye. Or you may choose to remember someone as they were. The decision is yours. You can take your time to decide.
If a loved one's body is in a hospital, there may be a bereavement officer or hospital chaplain who can support you at this time. You can ask if this support is available.
Touching a loved one’s body
If you decide to see a loved one’s body, you may wish to touch their body. If you want to do this, talk to your police contact or medical staff. Sometimes the bodies of people killed in road crashes are very delicate because they are damaged, or bodies should not be touched for reasons to do with a police investigation. If you touch a loved one’s body, it may help to remember their body will feel cold.
Identifying a loved one’s body
The police sometimes require a family member to identify a person who has died. If the police ask you to do this, they may ask you to identify your loved one’s body or identify them from their belongings.
If you do not want to see a loved one’s body but you are asked to identify their body, ask the police if there is anyone else who could do this for you. Alternatively, you may be able to identify the body through an internal glass window (at the mortuary), or by photograph or by video recording.
Sometimes a body is harder to identify because it is so badly injured. In this case, police may ask you to help identify a loved one through dental records or by providing a sample of their DNA (for example, from a hairbrush or toothbrush).
Post-mortem examination
After someone dies on the road, there is likely to be a post-mortem examination of their body. This is usually called a ‘post mortem’.
A post mortem is a medical examination to help find out the cause of death. It includes examination of body organs, tissues and fluids, and is carried out by a specialist doctor called a pathologist.
A post-mortem examination is carried out on behalf of the Procurator Fiscal, the official who investigates all sudden deaths.
Usually the Procurator Fiscal asks the pathologist to open and examine inside the body. The body is then closed again. This is called an invasive autopsy.
Some people have objections, for faith or other reasons, to an invasive autopsy. If you have objections, or concerns about the way it will be carried out, you should talk to the Procurator Fiscal or your police contact as soon as possible so they can consider your views. A post-mortem examination may still be required.
Usually a post-mortem examination also includes toxicology tests. This means that the pathologist takes samples of blood and urine, and possibly other samples such as stomach contents, fluid from an eye and pieces of tissue, to find out if they contain any toxic substances, such as alcohol or drugs.
Your police contact can tell you how to get in touch with the Procurator Fiscal.
You cannot attend a post mortem yourself but your police contact or the Prosecutor Fiscal should tell you when and where the post mortem is taking place.
More information about post mortems and the role of the Procurator Fiscal in investigating deaths is explained in a booklet called ‘Information for bereaved relatives’. You can read this booklet at www.brake.org.uk/codes-and-standards. An easy-read version is also available.
For more information about the Procurator Fiscal, go to
Section 3: Criminal investigation and chargesOrgan or tissue samples
Most post-mortem examinations involve taking small tissue samples, known as 'tissue blocks'. These are less than six millimetres thick and are embedded in wax or resin. From them, very small amounts of tissue, thinner than a hair, are placed on glass slides so they can be examined under a microscope. These slides help confirm the cause of death. Tissue samples retained from the post-mortem examination become part of the dead person's medical record. Taking tissue samples does not disfigure a body.
A pathologist may need to retain an organ temporarily so they can examine it closely. The Procurator Fiscal will tell you if this is going to happen.
After the post mortem you can decide if any tissue or organs should be returned to the body, although this may mean you have to delay a burial or cremation.
If you want to proceed with a burial or cremation earlier, you can ask for any retained tissue or organs to be disposed of by the pathologist in a respectful way, or stored for future use, including research, education or training. This requires the agreement of the person who died (if they were an adult), or their nearest relative.
You can ask the Procurator Fiscal or the pathologist to provide more information about your case.
You can get more information about what happens with organ and tissue samples from the Human Tissue Authority’s website at www.hta.gov.uk.
The law on organ and tissue retention is explained in the Human Tissue (Scotland) Act 2006. You can read this booklet at www.brake.org.uk/codes-and-standards.
The post mortem report
The pathologist who carries out the post mortem will send a short report to the Procurator Fiscal explaining what they have found. This report will explain what the pathologist did, any tissue and organs that were retained and why, and any further tests which are being carried out.
Once all the tests have been carried out the pathologist will send the Procurator Fiscal a full report.
You can ask the Procurator Fiscal for a copy of the post mortem report, if you want to see it.
You may or may not want to see the post mortem report. The Procurator Fiscal can arrange for it to be sent to your GP who can help explain it. If a loved one died before emergency services reached them, the pathologist who carried out the post mortem may also be able to give you information, if you want to know, about your loved one’s death.
Sometimes, you cannot see a copy of the post mortem report until after any criminal investigations have finished.
The post mortem report forms part of the evidence that the Procurator Fiscal will consider as part of their investigation. If there is a Fatal Accident Inquiry, the post mortem report will form part of the evidence. The pathologist is responsible for the final decision on the cause of death.
Sometimes it takes a long time for the full post mortem report to be written. The Procurator Fiscal should tell you if there will be a delay.
If you disagree with the post mortem report, you should tell the Procurator Fiscal.
Second post mortems
Very rarely, a second post-mortem examination may be carried out, if someone is charged with a crime in connection with the death, or if a criminal investigation is ongoing in relation to the circumstances of the death. This is often called a ‘defence post mortem’ as it is requested on behalf of the person accused of the crime. The Procurator Fiscal or your police contact will tell you if this is going to happen.
Delays to a burial or cremation
A burial or cremation can only take place once the Procurator Fiscal has given permission for the body to be released. To find out how long a post mortem will take, or if you have objections to a burial or cremation being delayed, talk to your police contact or the Procurator Fiscal.
For more information about the Procurator Fiscal's investigation, go to
Section 4: Court casesReturn of a loved one’s personal belongings
The police, hospital officials or mortuary staff may be holding personal belongings of a loved one who has died, such as a bag, mobile phone, clothes or jewellery. You can ask if they are holding any belongings. You may decide that you want to have all, some or none of them returned. If you are using a funeral director, you can ask them to collect any personal belongings for you when they collect the body.
Personal belongings, particularly clothes, are often damaged or blood-stained in crashes. Before deciding if you want certain belongings, you may want to ask about the condition of them.
If you want something returned that has been blood-stained, you can choose whether you want it returning just as it is, or cleaned first. Some people don’t want a loved one’s clothes cleaned because the clothes may carry the smell of that person. Some clothes may be very badly damaged and you may want them cleaned or not returned at all. The police may or may not charge you a fee for any cleaning you want them to do.
If a loved one who has died was in a vehicle, you can ask your police contact to check if any belongings are still in that vehicle, and ask for these to be returned to you.
Sometimes belongings are kept temporarily by the police because the police need them as part of their investigation. Once the police investigation and any resulting criminal prosecution are finished, these belongings can be returned if you want them. Belongings should not be disposed of by police, medical or mortuary staff without your consent.
The Police and Crown Office and Procurator Fiscal Service have produced joint guidance on the return of property kept for use as evidence, called ‘Victims' Rights – Return of Property’. You can read this guidance at www.brake.org.uk/codes-and-standards.
Many people treasure the smell of a loved one who died. You may wish to preserve their smell for a while by storing clothing they recently wore in an odour-free, zip-locked bag.
What happened in the crash?
Visiting the crash site
If you were not in the crash, you may or may not want to visit the place it happened. If you want to visit, your police contact can tell you the precise location if you do not know it, and tell you any dangers such as parking problems, lack of pedestrian access or fast traffic. They may be able to accompany you to ensure your safety and answer questions you may have about the site.
If the crash site is far away and not accessible by public transport, your police contact or someone else may be able to drive you there. You may want them to do this if you do not drive, do not feel able to drive because of the shock, or you can't drive because your vehicle was damaged in the crash.
You may or may not want to leave flowers or something else at the crash site. For information on roadside memorials, see Section 2: Practical issues.
How did a loved one die?
If you were not in the crash yourself, you may or may not want to know the details of how a loved one died. You may want to know about medical treatment given at the roadside or in a hospital, and whether a loved one said anything or was unconscious during this time.
Sometimes it is possible to meet and talk to people who provided help at the crash site, such as a paramedic or a fire officer, or members of the public who provided first aid. If you want to do this, your police contact will be able to find out if this is possible. Alternatively, your police contact may be able to ask these people questions on your behalf.
If a loved one died in hospital, you can ask to talk to doctors or nurses who provided treatment. The Patient Advice and Support Service (PASS) can help you do this. Alternatively, your police contact may be able to find out about treatment given and explain it to you.
If you are the next of kin, you can get a copy of the medical report prepared by the hospital on treatment given. This can be requested by you or your solicitor, and there may be a fee. This report may use unfamiliar medical terms, so you may want to ask a hospital doctor or your GP to explain it to you. You may not be able to get full details of treatment until after the Procurator Fiscal’s investigations into the death are finished.
To find out more about the Patient Advice and Support Service (PASS), go to www.cas.org.uk/pass.
If
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solicitor.
In some
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may be
able to
claim compensation for
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For more information about finding a solicitor and claiming compensation, go to
Section 5: Can I claim compensation?Why did the crash happen?
It is common to want to know straight away what happened in a crash and who was involved.
The police will carry out an investigation into the crash and collect evidence on behalf of the Procurator Fiscal. If it appears that someone may have committed an offence, they may be charged. You can ask your police contact questions and seek information from them at any time during the investigation. (See Section 3: Criminal investigation and charges.)
If a solicitor is working on your behalf to find out if you can claim compensation, they will need information from the police (including names of people involved, witness statements, and evidence such as photographs). It is important that your solicitor requests and gets information as soon as possible. (See Section 5: Can I claim compensation?)
In some cases, for legal reasons, some information may not be released until after an investigation or a prosecution has happened.
Guidelines for when information about a road crash can be released are written into a Crown Office and Procurator Fiscal document called ‘Access to Information Protocol’. You can read this guidance at www.brake.org.uk/codes-and-standards.
What happens to a vehicle involved in the crash?
If a person who died was in a vehicle or on a motorbike or bicycle, it may be taken away for examination by the police, along with any other vehicles involved in the crash. The police examine vehicles involved in fatal crashes to find out
if there were mechanical defects, and to get more information about what happened in the crash.
Vehicles may be kept until the end of the police investigation and any resulting criminal prosecution. Sometimes the police have to take vehicles apart to find out what happened. Your police contact can tell you where vehicles are being stored and what is happening to a vehicle. If you were not in the crash, you may want to see a vehicle. You can ask your police contact to arrange this. Many vehicles involved in crashes are very badly damaged, although some are not. Ask your police contact to tell you in advance what a vehicle will look like.
The Procurator Fiscal must authorise the release of a vehicle.
You can pay for an independent examination of a vehicle if you or your solicitor think this is necessary. If you wish to do this, tell your police contact. For a list of crash investigators, go to www.itai.org.
For more information about the police investigation, see Section 3: Criminal investigation and charges
The National Road Victim Service
0808 8000 401
Brake’s free support service if you are bereaved, seriously injured, or helping a road crash victim.
To get help, call 0808 8000 401 or email help@brake.org.uk
Open Monday to Friday 10am–4pm