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There are several elements to any claim for damages arising out of a fatal accident. There are two types of claim that can be made under separate statute:
Under the above Act, the deceased's estate inherits the deceased's right to sue in respect of the cause of death. Any recovery of damages would fall into the deceased's estate. Only an Executor or Administrator can pursue a claim under this Act on behalf of the estate.
The claim for the losses of the estate necessarily means:
However, there are strict rules governing who a 'dependant' is. In this Act, 'dependant' means: the wife or husband or former wife or husband of the deceased; the civil partner or former civil partner of the deceased; any person who:
Any dependent must fit into the above statutory definition.
In addition to this:
Clearly for a claim to be brought under both the Law Reform Act and the Fatal Accidents Act, it would have to be shown that the death came about because of the accident injuries. If it occurred for other reasons, no claim would arise.
If the accident injuries accelerated the death, there probably would be some claim, but limited to the extent to which the death was accelerated.
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