‘A Practical Guide to Claims Arising from Fatal Accidents’ by James Patience


Paperback: 978-1-911035-18-3
Published: May 2017
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Claims arising out of a Fatal Accident can be complex, high value and fraught with emotion. This book offers the practitioner a clear and comprehensive guide to all of the issues involved with running a claim for damages arising out of a fatal accident. Claims for dependency and other statutory claims for damages are discussed in detail and analysed with reference to the latest case law. Straightforward advice is offered on the merits of many of the common arguments encountered in cases of this kind and the development of these arguments is discussed. The book offers both a clear introduction to the subject for those new to it and a comprehensive guide to all of the latest arguments and case law for the more experienced practitioner.


James Patience is a barrister at Atlantic chambers. He specialises in personal injury, clinical negligence, industrial disease and inquest work. He acts for both Claimants and Defendants and has considerable experience of claims arising out of fatal accidents both in the context of being led and as sole junior. He provides lectures and training to solicitors, barristers and health professionals on many aspects of the law relating to damages arising from torts.


Chapter 1 – Historical Background to the Present Legislation

Chapter 2 – Causes of Action

Chapter 3 – The Fatal Accidents Act 1976

Chapter 4 – The Necessary Elements for a Claim Under the FAA 1976

Chapter 5 – Right to Recover

Chapter 6 – The Dependants’ Loss

Chapter 7 – The Calculation of Claims for Dependency

Chapter 8 – General Principles in Calculating a Dependency Claim

Chapter 9 – The Reduction for Personal Expenditure

Chapter 10 – The Multiplier

Chapter 11 – Loss of a Child: Dependency Claims by Parents

Chapter 12 – Apportionment

Chapter 13 – Loss of Consortium

Chapter 14 – The Bereavement Award

Chapter 15 – Funeral Expenses

Chapter 16 – Claims for Pain, Suffering and Loss of Amenity and Other Losses of the Deceased Before Death Under the Law Reform (Miscellaneous Provisions) Act 1934

Chapter 17 – Claims Under the Criminal Injuries Compensation Scheme

Chapter 18 – Human Rights Claims

Chapter 19 – Other Relevant Statutes

Appendix A – Limitation

Appendix B – Fatal Accidents Act 1976

Appendix C – Law Reform (Miscellaneous Provisions) Act 1934