Tort Remedies

Fatal Accidents

Introduction

Law Reform (Miscellaneous Provisions) Act 1934- Claimants claim carried on by his estate

Fatal Accidents Act 1976- Claim for dependency by dependants

Law Reform (Miscellaneous Provisions)

Act 1934

Estate carries on a claim the claimant would have brought

Cannot claim future loss of earnings

Does not apply to losses arising out of death EXCEPT funeral expenses

Calculation of Damages under the Law Reform (Miscellaneous

Provisions) Act 1934Same as a normal personal injury action

Remember NO future losses can be claimed

Pain Suffering and Loss of Amenity?

Fatal Accidents Act 1976 - Loss suffered by dependants

- Use the deceased's cause of action

- Dependants? Section 1(3) Fatal Accidents Act 1976

In this Act “dependant” means—

(a)   the wife or husband or former wife or husband of the deceased; [(aa)   the civil partner or former civil partner of the deceased;]

(b)   any person who—    (i)   was living with the deceased in the same household immediately before the date of the death; and    (ii)   had been living with the deceased in the same household for at least two years before that date; and    (iii)   was living during the whole of that period as the husband or wife [or civil partner] of the deceased;

(c)   any parent or other ascendant of the deceased;

(d)   any person who was treated by the deceased as his parent;

(e)   any child or other descendant of the deceased;

(f)   any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage; [(fa)   any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;]

(g)   any person who is, or is the issue of, a brother, sister, uncle or aunt of the

deceased.

Calculation of Damages under the Fatal Accidents Act 1934

1. What the deceased would have spent on dependants

2. Dependants expenses

3. Dependants other losses

Stage 1 – Pre-Trial Loss

1. Who has died?

2. Funeral Expenses

Deceased Bread Winner?

• Item by item• NET earnings minus personal living expenses• Percentage of net earnings (most common)• Conventional percentage:

75%: widow and children67%: widow alone

Plus:• Savings which would have gone to benefit of

dependants.

Stage 2 – Future Loss

MultiplicandAnnual value of dependency at date of trial (note possibility of using split multiplier)

Amount that would have been spent on dependants + expenses + losses

MultiplierNo clear authority that the Ogden tables are to be used for fatal accidents.

Conventional approach: Rough and ready with substantial discount for contingencies and %age discount for accelerated receipt.

The Other Stages

Stage 3: Lump sumsSavings/capital that would have gone to dependants

Stage 4: BereavementFixed at £7,500 (by Lord Chancellor)

Stage 5: Reduce for deceased’s contributory negligence

Stage 6: Add interest

Stage 7: Apportion between dependants

THE END