Claims involving a fatality

Death of a party

When a claimant or defendant dies during the course of a personal injury claim or at the pre-action stage, there are certain procedural issues and relevant applicable law, such as limitation, types of losses that can be claimed and the practical steps which need to be taken when dealing with these types of claims, for example retainers, personal representatives, probate and letters of administration.

See Practice Note: Personal injury claims and the death of a party.

Law Reform Act or Fatal Accidents Act?

When the victim of a personal injury action has died prior to trial, two distinct claims are possible. A claim can be brought for:

•
the benefit of the deceased’s estate under the Law Reform (Miscellaneous Provisions) Act 1934
•
on behalf of the dependants of the deceased under the Fatal Accidents Act 1976 (FAA 1976)

While these claims can be pursued separately, they are often brought together.

When a claim is brought for the benefit of the deceased's estate, this is founded on a continuation of the cause of action to which the deceased

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