The Law Relating to Fatal Accidents: An Introduction - Gordon Exall, Zenith Chambers & Hardwicke
23/08/16. When a person is killed a claim can be brought on behalf of his estate or on behalf of their dependants. The person or persons who bring the action are called the “claimant” or “claimants” (if more than one person brings the action).
Liability in fatal accident cases depends on establishing that the deceased would have had an action in negligence in breach of duty had he not died..
The claimants in the personal injury action “stand in the shoes” of the deceased, see Gray –v- Barr [1971] 2 QB 554. It is necessary to prove that the defendant’s breach caused the death or made a material contribution towards it. If the deceased was contributory negligence then the claim by the estate or dependants can be reduced.
Claims on behalf of the estate
The estate of the deceased person can recover reasonable funeral expenses, any special damages the claimant could have claimed, including loss of earnings (if any), from the date of the accident to the date of death, and general damages for pain, suffering and loss of amenity (unless death was instantaneous). There can only be one action so if the executors or administrators bring an action on behalf of the estate they must bring an action on behalf of the dependants. The claim is brought under the Law Reform (Miscellaneous Provisions) Act 1934...
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