APIL Guide to Fatal Accidents, 2nd edition

Tort / Personal Injury

APIL Guide to Fatal Accidents, 2nd edition

By Gordon Exall
LexisNexis U.K. March 2009

Specifications

ISBN-13
9781846611155
Publisher
LexisNexis U.K.
Publication
March 2009
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

APIL Guide to Fatal Accidents work provides practical advice on how to run a case involving a fatal accident.


Fatal accidents present the lawyer with a set of problems distinct from those of non-fatal personal injury claims. In particular, who does the law categorise as a dependant and how do you calculate the claim for dependency?
The APIL Guide to Fatal Accidents, now in its second edition, provides practical advice on how to run a case involving a fatal accident and how to secure maximum awards for the family, friends and estate of the deceased.
The second edition has been extensively revised and updated as follows:
  • new case such as Welsh Ambulance Service NHS v Williams on financial loss, Corr v IBC on causation and suicide, and Arup v M W White on disregarded benefits
  • extended coverage of claiming for psychiatric injuries and dealing with apportionment
  • new guidance on drafting schedules of loss and witness statements, funding the claim, and limitation
  • a revised chapter on the Coroners' Inquest including the proposed changes contained in the Coroners and Justice Bill
Useful practical materials such as client questionnaires, draft pleadings and schedules of damages complement the text. In addition the relevant statutory materials and the 6th Edition of the Ogden Tables are reproduced for ease of reference.

Table of Contents

Initial Considerations
  • The Legal Background
  • Funding Fatal Accident Cases
  • Taking Instructions and Obtaining Documents 
Does the Client Have a Claim?
  • The Type of Incident that can give Rise to a Claim
  • Is Your Client a Dependant?
  • The Type of Financial Dependency that Entitles a Party to a Claim
  • Limitation and Other Matters that Could Bar a Fatal Accident Claim 
Valuing the Dependency Claim
  • Basic Principles of Dependency Calculation
  • Section 4of the Fatal Accidents Act 1976 -Matters Which should be Disregarded
  • Loss of an Income Earner
  • Damages for Death of a Mother or Carer
  • Dependency Cases: Parents of Adult Children; Loss of aChild
  • Difficult Issues in Dependency Claims 
Non-dependency Claims
  • Funeral Expenses
  • Bereavement Damages
  • Injuries and Losses of the Deceased Prior to Death
  • Damages for Injury to another Arising Out of the Death 
Procedure
  • Pre-action Protocols
  • Procedural Matters upon Issue of Proceedings
  • Drafting Witness Statements
  • The Schedule of Damages
  • Apportionment 
Matters Requiring Special Care
  • Criminal Injuries and Fatal Accidents
  • An Introduction to the Coroners' Inquest 
Future Developments in the Law Relating to Fatal Accidents
  • The Law Commission Recommendations
  • Human Rights and Fatal Accident Claims 
Appendices
  • Example Client Questionnaire
  • Checklists
  • Precedents
  • Statutory Materials
  • Law Reform (Miscellaneous Provisions) Act 1934
  • Fatal Accidents Act 1976
  • Limitation Act 1980
  • Civil Procedure Rules, SI 2008/3132
  • Ogden Tables (6th Edition)
  • Further Reading

About the Author

Gordon Exall, Barrister, Zenith Chamber, Leeds
 
With a Contribution from Paul Balen, Freeth Cartwright LLP

Reviews

"provides a very useful and accessible overview to a complicated subject"
PIBA newsline

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