Who Can Claim From A Fatal Accident

by Access Legal

Who Can Claim From A Fatal Accident

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There are several elements to any claim for damages arising out of a fatal accident. There are two types of claim that can be made under separate statute:

Potential Claims under the Law Reform (Miscellaneous Provisions) Act 1934

Under the above Act, the deceased's estate inherits the deceased's right to sue in respect of the cause of death.  Any recovery of damages would fall into the deceased's estate. Only an Executor or Administrator can pursue a claim under this Act on behalf of the estate.

The claim for the losses of the estate necessarily means:

Potential Claims under the Fatal Accidents Act 1976 Under the above Act, the claim is brought on behalf of the dependants of the deceased. Generally, the action is brought by and in the name of the executor or administrator of the deceased. If there is no executor or administrator, or no action is brought within six months after the death by an executor or administrator, the action may be brought by and in the name of all or any of the persons for whose benefit an executor or administrator could have brought it. If you're an executor or administrator, you'll be required to provide full particulars of the persons for whom and on whose behalf the action is brought, and of the nature of the claim in respect of which damages are sought to be recovered. The claim for the losses of the dependants necessarily mean: bereavement payment presently fixed at £11,800 loss of financial dependency if you and/or other members of the family were financially dependent on your loved one loss of support/services if your loved one undertook tasks for you or for other members of the family i.e. providing childcare

However, there are strict rules governing who a 'dependant' is. In this Act, 'dependant' means: the wife or husband or former wife or husband of the deceased; the civil partner or former civil partner of the deceased; any person who:

 

Clearly for a claim to be brought under both the Law Reform Act and the Fatal Accidents Act, it would have to be shown that the death came about because of the accident injuries. If it occurred for other reasons, no claim would arise.

If the accident injuries accelerated the death, there probably would be some claim, but limited to the extent to which the death was accelerated.

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