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APIL Guide to Fatal Accidents 3rd edition

This work provides practical advice on how to run a case involving a fatal accident
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ISBN/ISSN: 9781846619519

Product description

Why should you buy APIL Guide to Fatal Accidents

 

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.

This new edition includes:

* A new chapter on pre-action conduct
* A new chapter on damages in anticipation of death
* Ogden 7
* A new section on fatal accidents and same sex relationships
* A revised chapter on Coroner's 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.

Contribution from Paul Balen, Freeths

Foreword

Fatal accident claims present one of the biggest challenges to personal injury lawyers. Not only do the tragic circumstances of the case require the utmost in client skills, the relevant law is complex and difficult, damages are generally modest and in some cases entirely absent. Indeed, the level of damages and the painstaking work which must be done to prove them is an aggravating factor for clients, causing upset at a distressing time. Read the full foreword...

Preface

I wrote the first edition of this book in 2002 and the second in 2009. There have been important developments since both editions. There are some welcome developments. When I wrote the first edition same sex couples did not come within the statutory definition of dependant. Now they do. Read the full preface...

Featured authors

Table of contents

Acknowledgments
Foreword to the First Edition
Preface
Association of Personal Injury Lawyers (APIL)
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European Materials

Part 1 - Initial Considerations
The Efficient Conduct of a Fatal Accident Case: Early and Prompt Preparation
The Legal Background
Funding Fatal Accident Cases
Taking Instructions and Obtaining Documents

Part 2 - 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
Basic Principles of Dependency Calculation
Sections 4 and 3(3) of the Fatal Accidents Act 1976 – Matters Which Should be Disregarded
Loss of an Income Earner
Damages for Loss of Services and Death of a Parent or Carer
Dependency Cases: Parents of Adult Children; Loss of a Child
Difficult Issues in Dependency Claims

Part 4 - Non-dependency Claims
Funeral Expenses
Bereavement Damages and Claims for Loss of Consortium
Injuries and Losses of the Deceased Prior to Death
Damages for Injury and Losses to Another Arising Out of the Death

Part 5 - Procedure
Pre-action Protocols
Procedural Matters Upon the Issue of Proceedings
Drafting Witness Statements in Fatal Cases
The Schedule of Damages
Apportionment

Part 6 - Matters Requiring Special Care
Damages for Reduced Life Expectancy
Criminal Injuries and Fatal Accidents
An Introduction to the Coroner’s Inquest

Part 7 - Future Developments in the Law Relating to Fatal Accidents
The Law Commission Recommendations
Human Rights and Fatal Accident Claims

Appendices
Index

Read the full contents