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.
Rezensionen / Stimmen
"Any foray into the conduct of fatal accident claims that simplifies, clarifies and demystifies is always a welcome one, and Thomas's book does just that." Solicitors Journal, 23 September 2005
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ISBN-13
978-1-85328-957-6 (9781853289576)
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Schweitzer Klassifikation
Clive Thomas is head of personal injury and clinical negligence at Batchelors Solicitors. He is a member of the Law Society's personal injury and clinical negligence panels, fellow of the College of Personal Injury Law, a solicitor advocate (civil), and author of a number of articles for the Solicitors Journal, the New Law Journal and the Journal of Personal Injury Law.
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.
