Q&As

When calculating a fatal dependency claim, is the multiplicand taken at the date of death or the date of trial? If the surviving dependent’s income has varied between the date of death and the date of trial does that need to be taken into account when calculating the loss?

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Published on LexisPSL on 14/09/2016

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

  • When calculating a fatal dependency claim, is the multiplicand taken at the date of death or the date of trial? If the surviving dependent’s income has varied between the date of death and the date of trial does that need to be taken into account when calculating the loss?

When calculating a fatal dependency claim, is the multiplicand taken at the date of death or the date of trial? If the surviving dependent’s income has varied between the date of death and the date of trial does that need to be taken into account when calculating the loss?

Where the court concludes that there was a dependency in the past, whether financial or in terms of services (see Practice Note: Quantifying losses for dependants—past losses—services), it will already have a multiplicand (a figure that estimates the annual financial loss sustained by the dependents) in mind.

Where there was no pre-existing dependency, but the claimant contends that one would have developed, there will be no such figure.

In either event the court will need to hear evidence about what would have happened in the future.

Future losses are usually calculated on a multiplier/multiplicand basis (ie the court determines the annual value of the loss and

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