Quantifying damages for the estate under the Law Reform Act

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

  • Quantifying damages for the estate under the Law Reform Act
  • What can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act 1934?
  • Pain, suffering and loss of amenity prior to death
  • Special damages incurred between date of accident and death
  • Funeral expenses
  • Which funeral expenses are recoverable?
  • Which funeral expenses are not recoverable?
  • Recoverability of special damages

Quantifying damages for the estate under the Law Reform Act

What can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act 1934?

The Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows the deceased’s estate to recover some of the losses that the deceased was entitled to claim before they died.

The three types of claim that can be brought under LR(MP)A 1934 are:

  1. general damages for the deceased’s pain, suffering and loss of amenity (PSLA) between injury and death

  2. special damages, ie any financial losses incurred by the deceased between the date of the accident and the date of death (note that the estate cannot bring a claim under LR(MP)A 1934 for future loss of earnings but this may be recoverable under the Fatal Accidents Act 1976 (FAA 1976) as part of a dependency claim—see Practice Notes: Claims involving a fatality—heads of damage—FAA 1976—loss of dependency and Quantifying damages for dependants—future losses)

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

Practical point: a claim for the deceased’s pain and suffering and losses incurred prior to their death can only be made by the deceased’s estate (these losses cannot be claimed by the dependants). For further guidance, see Practice Note: Claims involving a fatality—heads of damage.

Pain, suffering and loss of amenity prior to death

The starting point is that general damages for PSLA

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