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Elements of a fatal accident claim

There are two different elements to a fatal accident claim:

1. •

   the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows an action to be brought on behalf of the deceased’s Estate for:

   1. â—¦

      pain and suffering for the period between injury and death (see section ‘Pain, suffering and loss of amenity (PSLA) pre-death’ below)

   2. â—¦

      any financial loss incurred by the deceased between the date of the accident and the date of death

   3. â—¦

      funeral expenses (provided they were paid for by the deceased’s estate)

2. •

   the Fatal Accidents Act 1976 (FAA 1976), as amended, allows an action to be brought on behalf of the dependants of the deceased for:

   1. â—¦

      the following losses suffered by the dependants:

      1. ‣

         financial support from the deceased

      2. ‣

         dependency on the deceased’s services

      3. ‣

         the ‘intangible’ benefits of a spouse/parent—see Practice Note: Quantifying losses for dependants—past losses—services—Additional award for ‘intangible’ loss of services provided by a partner/parent)

   2. â—¦

      funeral expenses provided they were paid for by the dependants