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Fatal Accidents: Law and Practice

Clive Thomas

ISBN13: 9781853289576

ISBN: 1853289574

Published: April 2005

Publisher: Law Society Publishing

Country of Publication: UK

Format: Paperback

Price: Out of print

A thorough understanding of how to conduct fatal accident claims is essential in order to calculate and secure maximum damages for dependents. Fatal Accidents deals with everything from the inception of a claim to its conclusion. The focus is both practical and comprehensive and includes clear explanations of areas that are usually only available in more encyclopedic publications.

Key contents include: -

claims under the Law Reform (Miscellaneous Provisions) Act 1934
claims under the Fatal Accidents Act 1976
apportionment and interest
claims for psychiatric injury
applications for compensation to the Criminal Injuries Compensation Authority
law and procedure relating to inquests.

Each chapter begins with a concise summary which should allow the busy practitioner to pick up the salient points with ease. Relevant precedents, statutes and schedules of loss are appended.

Subjects:: Personal Injury Law

Contents:: Introduction; Part I: Claims on Behalf of the Deceased's Estate Under the Law Reform (Miscellaneous Provisions) Act 1934; 1. The recoverability of damages by the deceased's estate; 2. The recoupment of benefits from the deceased's estates claim; Part II: Claims on Behalf of the Deceased's Dependants Under the Fatal Accidents Act 1976; 3. Preliminary factors that must be proven for a claim to arise; 4. Heads of loss: An overview; 5. Non-dependency awards; 6. Financial dependency claims; 7. Service dependency claims; 8. Multipliers in conventional personal injury claims; 9. Multipliers in Fatal Accidents Act claims; 10. Factors that may reduce or extinguish a claim; Part III: Additional Matters; 11. Apportionment and interest; 12. Limitation; 13. Psychiatric injuries arising out of a wrongful death; 14. Fatal accidents and the Criminal Injuries Compensation Authority; 15. Inquests.; Appendices:; Precedents: 1. Death of an Income Earning Spouse; A. Claim form; B. Particulars of claim; C. Schedule of loss; C. Counter schedule of loss; 2. Death of a Non-Earning Spouse; A. Schedule of loss; B. Counter schedule of loss. Statutes: A. Law Reform (Miscellaneous Provisions ) Act 1934; B. Fatal Accidents Act 1976, ss 1-4; C. Limitation Act 1980, ss 11, 11A, 12, 13, 28, 28A and 33.