A Practical Guide to Claims Arising from Fatal Accidents - Third Edition (Paperback) (ISBN-13: 9781918241266)

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