APIL Guide to Fatal Accidents 3rd Edition

Tort / Personal Injury

APIL Guide to Fatal Accidents 3rd Edition

By Gordon Exall
LexisNexis U.K. March 2015

Specifications

ISBN-13
9781846619519
Publisher
LexisNexis U.K.
Publication
March 2015
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only
Price on request
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Details

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 third 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 third edition has been extensively revised and updated as follows:

  • New chapter on pre-action conduct
  • New chapter on damages in anticipation of death
  • Ogden 7
  • A new section on fatal accidents and same sex relationships
  • A revised chapter on Coroners Inquests following the implementation of the Coroners (Investigations) Regulations 2013 and the Coroners (Inquests) Rules 2013
Useful practical materials such as client questionnaires, draft pleadings and schedules of damages complement the text. In addition the relevant statutory materials and the 7th 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 4 of 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
Price on request
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