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APIL Guide to Fatal Accidents, 4th Edition

APIL Guide to Fatal Accidents, 4th Edition

Author: Gordon Exall
Publisher: LexisNexis U.K.
ISBN: 9781784734213

Previous Edition ISBN: 9781846619519
Published In: June 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 3,355.80

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Description
Contents
Reviews

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 fourth 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.

Useful practical materials such as client questionnaires, draft pleadings and schedules of damages complement the text. In addition the relevant statutory materials and the latest edition of the Ogden Tables are reproduced for ease of reference.

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

"the new, second edition of the APIL Guide to Fatal Accidents ... gives excellent practical advice on how to run a case involving a fatal accident and how to secure maximum awards for the family, friends and the estate of the deceased person ... amazingly, in just over 300 pages, Exall takes us on a tour of the subject ... 26 chapters with 6 excellent appendices including the legislation and Ogden Tables ... Patrick Allen who describes the guide as 'a model of clarity and practical application for lawyers trying to find their way through the maze of law and procedure relating to fatal claims'"
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

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