LAW

Law

Law

Case Background

When a person is killed through the fault of another, particular persons (for example, members of the deceased's immediate family) are able to claim compensation under the Fatal Accidents Act 1976 for losses which they suffer as a result of the death. This report (with accompanying Draft Bill) recommends reform to the availability of compensation in such cases. A key aim of our recommendations is to modernise the existing legislation, so as to bring this area of the law into line with the values of modern society. We also seek to render the law fairer and more certain than it is at present. The present law arbitrarily excludes from an entitlement to claim compensation for financial loss some people who were financially dependent on the deceased. Our proposed reform would remove that anomaly by adding a generally worded class of claimant to the present fixed list. We also consider it unjustified that the award of bereavement damages, which compensates non-financial losses (such as grief and sorrow), is currently available only to the deceased's spouse and parents.

We recommend extending the list to include the deceased's children, siblings and long-term partner. We also propose that the quantum of the award of bereavement damages should be uplifted to £10,000 (with an overall maximum award for any one death of £30,000) and that it should subsequently be adjusted to keep pace with changing economic conditions (through index-linking). Some of our recommendations are concerned to eliminate rules which give rise to overcompensation in this area of the law. In particular, we recommend reform of the present section which requires all benefits accruing to a dependant as a result of the death to be ignored.

An over-balancing act

The Association of Personal Injury Lawyers has already publicly voiced strong concerns at the government's suggestion that the interests of injured claimants should be 'balanced' with those of defendants and insurers - in essence, those who have caused the injured person harm through negligence or breach of duty "It has taken eight years for this consultation to happen, but once it became clear there was going to be a personal injury claims process consultation it was always the case that damages consultation would take place at the same time".

"Damages for pain and suffering have not increased in line with Law Commission recommendations made eight years ago. The number of compensation claims being made has also been generally falling for several years. If ever there was a time for the government to go further and really grasp the nettle of full and fair redress for needless and preventable injury, surely this is it," he asserts. Apil argues that the focus of reform should be on full and fair compensation for the claimant or bereaved family, and is keen for the statutory list of people who are able to claim for financial loss under the Fatal Accidents Act to be extended. In Scotland this list is already far more comprehensive than other parts of the UK, where claimants are ...