How do you translate personal loss into a financial figure? Suzanne Trask highlights some inconsistencies & calls for change
Claims for compensation arising out of a person’s death are different from other personal injury claims. This is because the entitlement to claim is statutory, rather than based in common law. The estate has a claim on behalf of the deceased, under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) as amended by the Administration of Justice Act 1982 (AJA 1982). A claim can be brought on behalf of the dependants of the deceased brought in their own right under the Fatal Accidents Act 1976 (FAA 1976) as amended by AJA 1982.
In contrast, claims where non-fatal injuries are suffered are for injuries and losses proved to have been incurred. The court hears the evidence on the extent of these, and compensation is assessed on a case by case basis. Where someone has suffered a life changing injury, awards can be for millions of pounds.
Claim by the estate
Claims under LR(MP)A 1934 by the estate are for the damages that could otherwise have been claimed
