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Go back to contentsOrgan and tissue donation
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.
The opt-out system
England and Wales both operate an ‘opt-out’ system for organ and tissue donation. This means that someone is considered to have agreed to be a donor when they die, unless they have recorded a decision not to donate, or are in an excluded group. Families are always involved before donation goes ahead, however they are expected to support any decision the donor made.
If medical staff confirm that donation could be possible, a specialist nurse will talk to the family to tell them what will happen next. The faiths, beliefs and culture of the person who died will always be respected.
Organs and tissue are removed with care and do not delay burial or cremation arrangements or affect your ability to see a loved one's body.
Only those organs and tissue specified by the donor and supported by the family will be removed.
Donating children’s organs and tissue
The opt-out system does not apply to children under the age of 18. If a decision about organ or tissue donation is required for someone under 18, the family will be asked to make that decision.
Organ donation will always take place in a hospital. If you want to find out if tissue donation is possible, but haven’t been contacted by medical staff, you need to act quickly (usually within 24 hours, although sometimes up to 48 hours, after the death).
For tissue donation call 0800 432 0559. For more information, go to www.organdonation.nhs.uk.
What happens to a loved one's body?
This section includes information about seeing your loved one's body and what happens in a post mortem. This may be difficult to read. If you don't feel ready to read this information yourself, you can ask someone else to read it for you and help you understand what will happen.
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 is carried out on behalf of the coroner. The coroner is a special judge who investigates all sudden deaths (see Section 4: Court cases). The coroner does not need your permission to carry out a post mortem, but you can ask the coroner’s office to explain why they think it is necessary. The coroner's office decides what type of post mortem should be carried out.
Usually the coroner 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. Sometimes a post mortem is limited to certain areas of the body, for example the head or chest.
Some people have objections, for faith or other reasons, to an invasive post mortem. If you have objections, or concerns about the way it will be carried out, you should tell the coroner's office or your police contact as soon as possible so they can consider your views.
Alternatives to an invasive post mortem are sometimes available. For example, sometimes a body can be scanned instead. Scans do not physically damage the body. If you request a scan, you may be asked to pay a fee.
A post mortem may include 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. These tests may take place instead of, or as well as, an invasive post mortem or scan.
Your police contact can tell you how to get in touch with the coroner's office.
Representation at a post mortem
You cannot attend a post mortem yourself but you have the right to be represented by a medical professional during a post mortem. You can ask a doctor to attend for you. This could be a GP or another pathologist that you choose and there may be a charge. You will need to tell the coroner if you wish this to happen.
If you have told the coroner that you wish to be represented, the coroner’s office should tell you when and where the post mortem is taking place.
An explanation of what happens at a post mortem is written into the government document called ‘Guide to Coroner Services’. This guide also sets out the standards you can expect to receive from a coroner's office and what to do if you feel those standards have not been met. You can read this document at www.brake.org.uk/codes-and-standards.
Organ or tissue samples
Most post mortems 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. Taking tissue samples does not disfigure a body.
A pathologist may need to retain an organ temporarily, so they can examine it closely. The coroner’s office 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 for research, education or training. This requires the agreement of the person who died (if they were an adult) or their nearest relative.
Your police contact should explain these options to you and discuss what you want to do.
You can ask the coroner 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 Act 2004. You can read this document at www.brake.org.uk/codes-and-standards.
Delays to a burial or cremation
A burial or cremation can only take place once the coroner 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 the coroner's office or your police contact.
The post mortem report
The pathologist who carries out the post mortem will send a short report to the coroner 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 completed, the pathologist will send the coroner a full report.
You can ask the coroner’s office for a copy of the full report, if you want to see it.
You may or may not want to see the post mortem report. The coroner's office can arrange for it to be sent to your GP who can help explain it. A pathologist may also be able to call you to discuss the report. If a loved one died before emergency services reached them, the pathologist may be able to tell 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 proceedings are finished.
The post mortem report forms part of the evidence that the coroner will consider as part of their investigation (see Section 4: Court cases). If there is an inquest, the post mortem report will form part of the evidence. The coroner is responsible for the final decision on the cause of death, not the pathologist.
Sometimes it takes a long time for the full post mortem report to be written. The coroner’s office should tell you if there will be a delay.
If you disagree with the post mortem report, you should tell the coroner’s office. You can also ask the coroner if they will request a second post mortem.
Second post mortems
If you are not satisfied with the information you receive about the cause of death, you may be able to ask for your own post mortem after the coroner has released the body. This would be carried out privately for you by a pathologist of your choice, and you would have to pay for this yourself. This requires the agreement of the coroner.
If you have a solicitor (see Section 2: Practical issues) they will be able to instruct a pathologist on your behalf and tell you how much it will cost.
Sometimes the coroner may be asked to agree to a second post mortem. A second post mortem may be requested if someone has been arrested or charged in connection with the death. The coroner will consider all requests for second post mortems very carefully.
Guidance on whether a second post mortem should take place after a road death is written into a government document called ‘Guidance on post-mortem examinations, including second post-mortem examinations’. This guidance recognises that a second post-mortem examination can be very distressing for bereaved families and recommends that, where possible, less invasive methods of examination, such as scans, should be used if a second post mortem is required. The guidance also recommends that all requests for second post mortems should be examined very carefully.
You can read this document at www.brake.org.uk/codes-and-standards.
Return 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 you want 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. In some cases, it may not be possible for clothes to be returned.
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 they 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 consent.
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 place 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 Liaison Service (PALS) can help you do this. You can contact this service through a hospital switchboard. You can also ask your GP if they can find out about treatment given and explain it to you.
If you are the next of kin, you can get a copy of a 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 coroner’s investigations into the death are finished.
To find out more about the Patient Advice and Liaison Service (PALS), go to www.nhs.uk and search for ‘PALS’.
If you have a concern that a hospital treated your loved one inadequately, you may wish to consult a solicitor (see Section 5: Can I claim compensation?). In some cases, you may be able to claim compensation for medical negligence. The charity AvMA (action against medical accidents) can also offer free advice if you are concerned a loved one has suffered injury following medical care. To find out more, go to www.avma.org.uk.
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. 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 their 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 Prosecution Service document called ‘disclosure of material to third parties'. To access this document, go to 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 should 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 they were mechanically defective, 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.
You can ask your police contact questions at any time during the police investigation. They may not have much information at first and may not be able to tell you certain things until their investigation is complete, but should tell you as much as they can.
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.
This text is taken from the 2024-25 edition of Information and advice for bereaved families and friends following death on the road in England and Wales. Published 2024. ISBN 978-1-906409-85-2.