Remedies - Fatal (Negligence) Flashcards
Remedies - Fatal Incidents:
LR(MP)A 1934
Claims may be brought under the Law Reform (Miscellaneous Provisions) Act 1934
Remedies - Fatal Incidents:
FAA 1976
Claims may be brought under the Fatal Accidents Act 1976
Remedies - Fatal Incidents: Under LR(MP)A, who can claim?
Under LR(MP)A, C’s estate can continue/commence claim on their behalf
Remedies - Fatal Incidents:
Under FAA, who can claim?
Under FAA, dependants need to sue for the death of a person on whom they were dependent
Remedies - Fatal Incidents: Under LR(MP)A, what can be recovered?
Survival Period Losses (losses between tort and death)
Property damage
Reasonable funeral expenses
NOT compensation for surviving dependants of claimant
Remedies - Fatal Incidents:
Under FAA, who qualifies as a dependant?
Must fall within class listed in s.1(3) FAA Must have been actually financially dependent on the deceased
Remedies - Fatal Incidents:
Under FAA, what can be recovered by dependant?
- Damages for loss of dependency (using multiplier method)
- Bereavement allowance for spouse (or parents if unmarried minor) - £12980
- Reasonable funeral expenses incurred by the dependants
Remedies - Fatal Incidents:
Damages for loss of dependency - Multiplier method - multiplicand
Multiplicand = salary
Figure reduced by amount deceased would have spend on themselves; and
any finding of contributory negligence against D
Figure may be increased to take into account value of household work
Remedies - Fatal Incidents:
Damages for loss of dependency - Multiplier method - multiplier
Multiplier = period of dependency
For deceased’s spouse = retirement age
For deceased’s children = date at which they leave education
Remedies - Fatal Incidents:
Limitation Period
Limitation period for claims under either LR(MP)A or FAA is 3 years.
