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 second 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.

The second edition has been extensively revised and updated as follows:

• new case such as Welsh Ambulance Service NHS v Williams on financial loss, Corr v IBC on causation and suicide, and Arup v M W White on disregarded benefits
• extended coverage of claiming for psychiatric injuries and dealing with apportionment
• new guidance on drafting schedules of loss and witness statements, funding the claim, and limitation
• a revised chapter on the Coroners' Inquest including the proposed changes contained in the Coroners and Justice Bill

Useful practical materials such as client questionnaires, draft pleadings and schedules of damages complement the text. In addition the relevant statutory materials and the 6th Edition of the Ogden Tables are reproduced for ease of reference.

10% discount for APIL Members, to take advantage of this offer please call Customer Services on 0117 918 1492 and quote your APIL membership number.

Gordon Exall, Barrister, Zenith Chamber, Leeds

With a Contribution from Paul Balen, Freeth Cartwright LLP

Initial Considerations

• The Legal Background
• Funding Fatal Accident Cases
• Taking Instructions and Obtaining Documents 

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 

Valuing the Dependency Claim

• Basic Principles of Dependency Calculation
• Section 4of the Fatal Accidents Act 1976 -Matters Which should be Disregarded
• Loss of an Income Earner
• Damages for Death of a Mother or Carer
• Dependency Cases: Parents of Adult Children; Loss of aChild
• Difficult Issues in Dependency Claims 

Non-dependency Claims

• Funeral Expenses
• Bereavement Damages
• Injuries and Losses of the Deceased Prior to Death
• Damages for Injury to another Arising Out of the Death 

Procedure

• Pre-action Protocols
• Procedural Matters upon Issue of Proceedings
• Drafting Witness Statements
• The Schedule of Damages
• Apportionment 

Matters Requiring Special Care

• Criminal Injuries and Fatal Accidents
• An Introduction to the Coroners' Inquest 

Future Developments in the Law Relating to Fatal Accidents

• The Law Commission Recommendations
• Human Rights and Fatal Accident Claims 

Appendices

• Example Client Questionnaire
• Checklists
• Precedents
• Statutory Materials
• Law Reform (Miscellaneous Provisions) Act 1934
• Fatal Accidents Act 1976
• Limitation Act 1980
• Civil Procedure Rules, SI 2008/3132
• Ogden Tables (6th Edition)
• Further Reading

"provides a very useful and accessible overview to a complicated subject"
PIBA newsline