The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:
There are two different elements to a fatal accident claim:
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:
pain and suffering for the period between injury and death (see section ‘Pain, suffering and loss of amenity (PSLA) pre-death’ below)
any financial loss incurred by the deceased between the date of the accident and the date of death
funeral expenses (provided they were paid for by the deceased’s estate)
the Fatal Accidents Act 1976 (FAA 1976), as amended, allows an action to be brought on behalf of the dependants of the deceased for:
the following losses suffered by the dependants:
financial support from the deceased
dependency on the deceased’s services
the ‘intangible’ benefits of a spouse/parent—see Practice Note: Quantifying losses for dependants—past losses—services—Additional award for loss of a wife/mother’s services?)
funeral expenses provided they were paid for by the dependants
bereavement damages for the parents of an unmarried minor or a surviving wife/husband/civil partner (see Bereavement damages below)
See Practice Notes: Law Reform or Fatal Accidents Act? and Claims involving a fatality—heads of damage for what can be claimed under LR(MP)A 1934 and FAA 1976.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.