单词 | fatal accidents |
释义 | fatal accidents The Fatal Accidents Act 1976, amended by the Administration of Justice Act 1982 and the Civil Partnership Act 2004, confers the right to recover damages for loss of support on the dependants of a person who has been killed in an accident, if the deceased would have been able to recover damages for injury but for his death. The class of dependants who may sue is defined by statute and includes such persons as spouses, former spouses, civil partners, former civil partners, common law spouses, parents, children, brothers, and sisters. The main purpose of the action is to compensate dependants for loss of the financial support they could have expected to receive from the deceased. However, damages for bereavement may be claimed on the death of a spouse or civil partner by the surviving spouse or civil partner, or on the death of an unmarried minor child by the parents. The amount awarded is currently fixed at £15,120. Funeral expenses can be recovered if incurred. Losses from the date of death to the date of trial are calculated in a similar way to past losses in personal injury claims. For future losses, a multiplier is taken from the date of trial (Knauer v Ministry of Justice [2016] UKSC 2553 (QB), [2016] 2 WLR 772). This case overturned the rule, established in Cookson v Knowles [1979] AC 556 (HL), that the multiplier should run from the date of death. |
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