Fatal Accident Claims
Where a loved one dies by reason of injuries sustained in an accident, compensation claims can be brought
- Under the Law Reform Act 1934 for pain and suffering between accident and death and for the costs of the funeral
- Under the Fatal Accidents Act 1976 for bereavement if the claim is brought in respect of a spouse or in respect of an deceased unmarried child
- Under the Fatal Accidents Act 1976 for compensation for loss of dependency – these claims are brought by those who were prior to death financially dependent in some respects on the deceased.
Complexities arise where a living claimant has a reduced life expectancy by reason of the injury and the choice is then to bring a lost years claim for loss of income and benefits for a living claimant in the “lost years” or to run a fatal claim for dependency after death.
Unless there is financial dependency claim, a fatal claim can be surprisingly modest and these claims often do not reflect the pain suffered as part of the grieving process for those left behind.