Fatal Accident Claims

by Tim Kevan, Maria Kwaitkowska

This book provides a practical guide to the law of claims following fatal accidents and the rights of action on death. It covers in particular claims which continue on behalf of the estate and which are governed by the Law Reform (Miscellaneous Provisions) Act 1934. In addition, it examines the workings of the Fatal Accidents Act 1976 ranging from the definition of dependants to the types of loss which are recoverable and how these are assessed. It also looks at the procedure which follows a fatal accident claim from the first days in the coroners' court to the final days in the county court. Introduction Law Reform (Miscellaneous Provisions) Act 1934 · Claims on behalf of the estate · Claims which do not survive Fatal Accidents Act 1976 · Definition of dependancy · Categories of dependant · Impact of Human Rights Act 1998 · Law Commission Proposals · Fretwell v Willi Betz (2001) 8 March, unreported · Arising out of the dependancy · Damages for bereavement · Funeral expenses · Gammell v Wilson [1981] 1 All ER 578 Assessment of damages · Davies v Powell Duffryn Associated Collieries Ltd [1942] AC 601 · Level of dependancy · Valuing mother's care · Harris v Empress Motors [1984] 1 WLR 212 · Multiplier · Section 3(2): prospects of re-marriage · Section 4: benefits arising as a result of death · Examples of benefits which may be disregarded Procedure · Gathering of evidence · Coroner's Court · Magistrates' Court · Civil Action Solicitors and barristers, insurers, the courts

204 pages, Paperback

First published April 21, 2005