A Practical Guide to Claims Arising from Fatal Accidents - Third Edition

Claims arising out of a Fatal Accident can be complex, high value and fraught with emotion. This book offers the practitioner a clear and comprehensive guide to all of the issues involved with running a claim for damages arising out of a fatal accident. Claims for dependency and other statutory claims for damages are discussed in detail and analysed with reference to the latest case law. Straightforward advice is offered on the merits of many of the common arguments encountered in cases of this kind and the development of these arguments is discussed. The book offers both a clear introduction to the subject for those new to it and a comprehensive guide to all of the latest arguments and case law for the more experienced practitioner. The latest edition draws together the principles from a relatively busy period in the case law and includes expanded sections on loss of earnings claims, loss of services, and how business relationships affect these calculations. CONTENTS The Historical Background Causes of Action The Fatal Accidents Act 1976 The Necessary Elements for a Claim Right to Recover The Dependants' Loss The Calculation of Claims for Dependency General Principles in Calculating a Dependency Claim The Reduction for Personal Expenditure The Multiplier Loss of a Child: Dependency Claims by Parents Apportionment Loss of Consortium The Bereavement Award Funeral Expenses Claims for Pain, Suffering and Loss of Amenity and Other Losses of the Deceased Before Death Under the Law Reform (Miscellaneous Provisions) Act 1934 Claims Under the Criminal Injuries Compensation Scheme Human Rights Claims Other Relevant Statutes Appendices