header-logo header-logo

24 July 2015
Issue: 7662 / Categories: Features , Personal injury
printer mail-detail

A stark contrast

nlj_7662_trask

How do you translate personal loss into a financial figure? Suzanne Trask highlights some inconsistencies & calls for change

Claims for compensation arising out of a person’s death are different from other personal injury claims. This is because the entitlement to claim is statutory, rather than based in common law. The estate has a claim on behalf of the deceased, under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) as amended by the Administration of Justice Act 1982 (AJA 1982). A claim can be brought on behalf of the dependants of the deceased brought in their own right under the Fatal Accidents Act 1976 (FAA 1976) as amended by AJA 1982.

In contrast, claims where non-fatal injuries are suffered are for injuries and losses proved to have been incurred. The court hears the evidence on the extent of these, and compensation is assessed on a case by case basis. Where someone has suffered a life changing injury, awards can be for millions of pounds.

Claim by the estate

Claims under LR(MP)A 1934 by the estate

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll