APIL Guide to Fatal Accidents, 4th Edition

Initial Considerations

• The Legal Background
• Funding Fatal Accident Cases

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 a Child
• Difficult Issues in Dependency Claims

Non-dependency Claims

• Damages in anticipation of death
• 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 conduct
• Pre-action Protocols
• Procedural Matters Upon Issue of Proceedings
• Drafting Witness Statements
• The Schedule of Damages
• Apportionment

Matters Requiring Special Care

• Damages in anticipation of death
• 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
• Ogden Tables (7th Edition)
• Further Reading