The Fatal Accidents Act 1846 had allowed claims for damages by the relatives of deceased persons for the first time. The 1976 act modernised the process and repealed earlier legislation.
The actedit
The act allows claims as stipulated in s. 1(1):
If death is caused by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured.
Dependency claim (s. 1) - A claim for economic loss by a restricted class of "dependant" defined in s.1(3).
Bereavement claim (s. 1A) - A claim in recognition of grief by a further restricted class of "dependant", similar to a solatium in Scottish law. As of 1 May 2020, the amount of the bereavement claim award increased from £11,800 to £15,120.
Funeral expenses (s. 3(5)) of the dependants.
An award must take account of any social security benefits received (s. 4).[4]
fatal, accidents, 1976, parliament, united, kingdom, that, allows, relatives, people, killed, wrongdoing, others, recover, damages, parliamentparliament, united, kingdomlong, titlean, consolidate, fatal, accidents, acts, citation1976, 30territorial, extent, en. The Fatal Accidents Act 1976 1 c 30 is an Act of the Parliament of the United Kingdom that allows relatives of people killed by the wrongdoing of others to recover damages Fatal Accidents Act 1976 1 Act of ParliamentParliament of the United KingdomLong titleAn Act to consolidate the Fatal Accidents Acts Citation1976 c 30Territorial extent England and Wales 2 DatesRoyal assent22 July 1976Commencement1 September 1976 3 Other legislationRepeals revokesFatal Accidents Act 1846Fatal Accidents Act 1864Amended byAdministration of Justice Act 1982 ss 3 1 73 1 Status Current legislationText of statute as originally enactedRevised text of statute as amended Contents 1 Background 2 The act 3 See also 4 References 5 Bibliography 6 External linksBackground editThe Fatal Accidents Act 1846 had allowed claims for damages by the relatives of deceased persons for the first time The 1976 act modernised the process and repealed earlier legislation The act editThe act allows claims as stipulated in s 1 1 If death is caused by any wrongful act neglect or default which is such as would if death had not ensued have entitled the person injured to maintain an action and recover damages in respect thereof the person who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the person injured The act allows claims under three heads 4 5 Dependency claim s 1 A claim for economic loss by a restricted class of dependant defined in s 1 3 Bereavement claim s 1A A claim in recognition of grief by a further restricted class of dependant similar to a solatium in Scottish law As of 1 May 2020 the amount of the bereavement claim award increased from 11 800 to 15 120 Funeral expenses s 3 5 of the dependants An award must take account of any social security benefits received s 4 4 See also editFatal Accidents ActReferences edit a b The citation of this act by this short title is authorised by section 7 1 of this act The Fatal Accidents Act 1976 section 7 3 The Fatal Accidents Act 1976 section 7 2 a b Dow amp Lill 2007 Lunney amp Oliphant 2003 pp 855 858Bibliography editDow D Lill J 2007 Personal Injury and Clinical Negligence Litigation London CLP pp Ch 15 ISBN 1 905391 28 5 Law Commission 1997 Consultation Paper Claims for Wrongful Death LCCP148 Law Commission 1999 Claims for Wrongful Death A Final Report LC263 Lunney M Oliphant K 2003 Tort Law Text and Materials 2nd ed Oxford Oxford University Press pp 851 868 ISBN 0 19 926055 9 Speiser S M 1988 Recovery for Wrongful Death and Injury 3rd ed London Callaghan ASIN B001N4HP0A External links editThe Fatal Accidents Act 1976 as amended from the National Archives The Fatal Accidents Act 1976 as originally enacted from the National Archives nbsp This legislation in the United Kingdom or its constituent jurisdictions article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Fatal Accidents Act 1976 amp oldid 1193631713, wikipedia, wiki, book, books, library,
