Accidents
Fatal Accidents
A fatal accident is devastating and will alter the lives of the victim’s families forever. Families not only have to come to terms with the emotional grief of losing a loved one but their circumstances may change considerably resulting in unexpected financial hardship.
There are two different types of fatal accident claim
Firstly, is the victim’s own fatal accident claim. This includes compensation for the physical and emotional pain, incapacity and distress that the victim suffered before death. Where the victim died immediately or never regained consciousness, little or no compensation will be awarded as pain and suffering will have been minimal. This part also includes damages for the victim’s financial losses between the date of injury and the date of death, together with the funeral expenses. Any compensation will fall into the deceased victim’s estate.
The second part to the claim will be brought under the provisions of the Fatal Accidents Act 1976 as amended by section 3(1) of the Administration of Justice Act 1982, which allows claims to be brought by the dependants of an individual who dies as a result of any wrongful act, negligence or default by another party, for the loss of financial support. Dependants are specifically defined by the 1976 Act, and they include the surviving spouse or co-habitee who lived with the victim for more than two years, children or parents, persons treated as children or parents, grandchildren or grandparents. Compensation is awarded for the loss of the victim’s support since his or her death which consists of that portion of the deceased’s contribution to the family earnings which he would not have spent exclusively on himself, together with compensation for any services that the victim provided, such as childcare, domestic assistance, gardening or DIY. In addition to the dependency claim a statutory sum for bereavement is payable to the spouse of the deceased or to the parents of a deceased minor.
