Historically the law did not always allow any claim for wrongful death, or any claims by the dependents, as the right of action was held to have died with the victim.
The right of dependents to bring an action was first brought into being by the Fatal Accidents Act 1846. The law was consolidated with the Fatal Accidents Act 1976 and significantly amended by the Administration of Justice Act 1982.
The executor or administrator of the estate can claim for the losses suffered on behalf of the estate. Such claims would relate to the following:
- Pain and suffering of the deceased prior to death;
- Any financial losses incurred by the deceased prior to death;
- Funeral expenses.
The above claims are said to be fairly rare and most fatal accident claims will be brought by or on behalf of the dependants. To be a dependent you must be a dependant as defined by the statute or law in question. In addition to being a dependant the Claimant must have had a reasonable expectation of financial benefit from the deceased. The laws themselves give a definition of just who is a dependant. Just because a person is defined as a dependant under the Act, this does not mean he or she has a claim. The Law Commission observed that there are a large number of people who could be considered dependants but who cannot make a claim:
“….cohabitants who were living together as husband and wife but who do not satisfy the “two year rule”….children who were not of the deceased but who were supported by the deceased whilst he or she was engaged in a marriage like relationship with their parent; children otherwise supported by the deceased (such as a friend’s children); certain distant relatives supported by the deceased and non-relatives who live together but do not enjoy a marriage like relationship.”
Obviously fatal accident claims are by their very nature sensitive and personal.
The first thing to establish is whether or not you are entitled to make a claim. Here at The Injury Lawyers we deal with all types of personal injury claims. We are experts in the field. To discuss a potential fatal accident claim today please do not hesitate to give us a call.
