Q&As

Are bereavement damages subject to a deduction for contributory negligence on the part of the deceased?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 19/02/2018

The following PI & Clinical Negligence Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • Are bereavement damages subject to a deduction for contributory negligence on the part of the deceased?

Are bereavement damages subject to a deduction for contributory negligence on the part of the deceased?

Bereavement damages are entirely a creature of statute, governed by the provisions of the Fatal Accidents Act 1976 (FAA 1976). The entitlement to make a claim derives from FAA 1976, s 1A(1) (an action under this Act may consist of or include a claim for damages for bereavement).

The narrow category of individuals who are entitled to claim bereavement damages is defined in FAA 1976, s 1A(2) and is limited to the wife, husband or civil partner of the deceased and,

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