Fatal Injury Claims

fatal injury claims

Irish law provides the dependants of a deceased person with a statutory right to sue where the deceased’s death was caused by the wrongful act of another. This is generally referred to as an action for wrongful death or fatal injuries. A fatal injury action can arise out of a wrongful accident e.g. a road traffic accident, medical negligence or an accident at work.

Part IV of the Civil Liability Act, 1961 is the relevant legislation for fatal injury claims. This legislation permits one action to be brought on behalf of all the dependants as a result of the deceased’s death under the headings of;

  • pecuniary loss suffered as a result of the deceased’s death
  • Solatium -damages for mental distress as a result of the death and;
  • funeral and other expenses actually incurred as a result of the death.

The plaintiff can claim compensation on behalf of each dependant for mental distress suffered by each of them as a result of the bereavement.

Section 7 of the Act enables a personal representative to continue legal proceedings commenced by a deceased prior to his death, or to commence proceedings which the deceased could have commenced prior to their death. The personal representative brings the proceedings on behalf of the deceased’s estate and any damages awarded form part of the estate.

Our experienced team is happy to talk to you and will advise you if you have a potential claim. There is no obligation for you to proceed. However, if you do decide to proceed with your claim, we will use our knowledge and experience to make the process as smooth and as easy as possible during this difficult time.

For more information on fatal injury claims please contact Avril Scally at ascally@lavellesolicitors.ie

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002