Q&As

If pursuing a Fatal Accidents Act 1976 claim for a person who was terminally ill but whose life expectancy has been shortened as a result of negligence, is there any legislative or case law guidance on whether sums can be claimed for bereavement and/or funeral expenses?

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Published on LexisPSL on 18/09/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • If pursuing a Fatal Accidents Act 1976 claim for a person who was terminally ill but whose life expectancy has been shortened as a result of negligence, is there any legislative or case law guidance on whether sums can be claimed for bereavement and/or funeral expenses?
  • Causes of action
  • Bereavement damages
  • Funeral expenses

If pursuing a Fatal Accidents Act 1976 claim for a person who was terminally ill but whose life expectancy has been shortened as a result of negligence, is there any legislative or case law guidance on whether sums can be claimed for bereavement and/or funeral expenses?

For the purposes of this Q&A it is assumed that the claimant has died.

Causes of action

When the victim of a personal injury action has died prior to trial, two distinct claims are possible. A claim can be brought for:

  1. the benefit of the deceased's estate under the Law Reform (Miscellaneous Provisions) Act 1934

  2. on behalf of the dependants of the deceased under the Fatal Accidents Act 1976 (FAA 1976)

While these claims can be pursued

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