Member Article

Bereavement damages increase and are set to keep rising

With Watson Burton LLP Law Firm

The Fatal Accidents Act 1976 (FAA 1976) allows for compensation to be claimed for the benefit of the deceased’s dependants if the death was caused by any wrongful act, neglect or default which would have (if the death had not occurred) allowed the person injured to recover compensation.

A dependant for the purpose of the FAA 1976 means, amongst others, the wife or husband, parent or grandparent of the deceased, a child, grandchild, brother, sister, uncle or aunt of the deceased and any person who was living in the same household as the deceased immediately before the death and had been living with the deceased for at least two years before that date as the husband and wife of the deceased. Civil partnerships are also recognised by the FAA 1976.

Until recently, the maximum bereavement award for dependants in England, Northern Ireland and Wales was £10,000.00. In May 2007, however, the Government’s Consultation Paper on the law of damages made it possible for this to change and so the first increase in awards since 2002 came into effect on 1st January 2008. £11,800.00 is now the new maximum award in England, Wales and Northern Ireland, and in keeping with the Consultation Paper the level of damages awarded will also increase by the rate of inflation every three years in line with the retail prices index.

As is often the case with developments in the law, certain issues are creating a stir. One such issue is that Scotland’s new maximum award is £30,000.00 which has caused public outrage amongst those campaigning for equal amounts across the UK as a whole.

The category of persons classed as dependants is another bone of contention for campaigners. This is not assisted by the fact that in Scotland other family members of the deceased besides a husband or a wife can receive up to £15,000.00, a provision which does not apply in the rest of the UK. Campaigners are arguing that the law in England, Wales and Northern Ireland needs to reflect that of Scotland so that the families of the bereaved are not left feeling “insulted” with their compensation.

If you have any queries relating to this article, or any other Personal Injury matter, please contact Danielle Watson at Watson Burton LLP on 0191 2444465 or e-mail danielle.watson@watsonburton.com.

This was posted in Bdaily's Members' News section by Ruth Mitchell .