‘A Practical Guide to Claims Arising from Fatal Accidents – 2nd Edition’ by James Patience


Paperback: 978-1-913715-58-8
Published: October 2020
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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.

The latest edition of this book deals with the new rights of cohabitees following the case of Smith; the latest statutory developments to the Fatal Accidents Act and the bereavement award, and includes expanded sections on Regan v Williamson awards, loss of earnings claims of the surviving partner and prospect of reconciliation.


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