Inheritance of bereavement or loss of services claims by an estate? (Keating v Abdisalan)
PI & Clinical Negligence analysis: A husband and wife were struck during a road traffic accident. The wife was killed immediately, and the husband was fatally injured. He lived for around 12 days afterwards. Both of the deceased’s estates brought an action for compensation against both the driver, and, since the driver was uninsured, the MIB. Had the husband survived, he would have been entitled to statutory compensation in respect of bereavement; and a more substantial compensation for loss of dependency on his wife. The MIB argued that neither claim could be brought by his estate, and successfully sought an order striking them out. This case is of interest to those practicing in areas relating to fatal accidents, and clarifies the law as to what claims can be pursued in these circumstances. Written by Robert Parkin, a barrister at Deka Chambers.