Fatal Accidents Act 1976

Enables the dependants of a person killed by the defendant’s tort to claim for their financial losses and separately for bereavement. Dependants able to show a financial dependency will be able to claim provided that the deceased would have had a claim had he survived. The damages take account of earnings spent on the dependants, savings for their future, non-essentials and the value of services rendered. The bereavement claim, fixed at £10,000 per claim (fixed in 2002, reviewable), is divided equally among the eligible dependants to compensate for the non-pecuniary aspects such as emotional stress. It is only available to the surviving husband or wife, or, if the deceased was unmarried and a minor, to the parents.

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