Damages in cases of death

Introduction

Damages awarded in cases of death are governed by specific statutory frameworks that define the rights and limitations of claims arising from fatal incidents. The Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976 are central to this area of law, delineating the mechanisms by which damages are calculated and awarded to estates and dependants. Understanding these statutes and the relevant case law is fundamental because wrongful death claims involve complex legal considerations.

Statutory Frameworks Governing Damages

Law Reform (Miscellaneous Provisions) Act 1934

The Law Reform (Miscellaneous Provisions) Act 1934 alters the old common law principle that personal claims die with the person ("actio personalis moritur cum persona"). Under this Act, causes of action that the deceased had before death survive for the benefit of the deceased's estate.

Key Provisions:

1. Survival of Actions: Causes of action vested in the deceased survive for the estate's benefit (section 1(1)).

2. Exceptions: Certain claims, such as those for defamation or bereavement damages under the Fatal Accidents Act 1976, do not survive (section 1(1A)).

3. Limitation on Damages: Damages are limited to losses suffered by the deceased up to the time of death; future losses are generally not recoverable under this Act (section 1(2)(a)).

Relevant Case Law:

In Pickett v British Rail Engineering Ltd [1980] AC 136, the House of Lords held that the estate could claim for the "lost years," representing the earnings the deceased would have accumulated had they lived their expected lifespan.

Fatal Accidents Act 1976

The Fatal Accidents Act 1976 allows dependants of the deceased to claim compensation for losses resulting from the death, recognizing the impact on those who relied on the deceased financially or emotionally.

Key Provisions:

1. Dependency Claims: Dependants can claim for the financial losses they suffer due to the death (section 1).

2. Definition of Dependants: The Act specifies who qualifies as a dependant, including spouses, civil partners, children, and others closely connected to the deceased (section 1(3)).

3. Bereavement Damages: A statutory sum is awarded to certain close relatives, acknowledging the grief caused by the death (section 1A).

4. Assessment of Damages: The Act provides guidance on calculating damages, focusing on the support the deceased would have provided (section 3).

Significant Case Law:

In Knauer v Ministry of Justice [2016] UKSC 9, the Supreme Court clarified that the multiplier for calculating future losses should be based on the date of the trial rather than the date of death, ensuring a more accurate assessment of the dependants' loss.

Assessing Damages in Death Claims

Understanding how damages are assessed in death claims is important, as it determines the compensation awarded to the estate and dependants. While the legal calculations may seem impersonal, these assessments ultimately aim to offer financial support to grieving families.

Pecuniary Losses

Pecuniary losses refer to the financial losses that can be quantified in monetary terms.

Loss of Financial Dependency

Dependants can claim for the loss of financial support they would have received from the deceased. This is calculated using the multiplicand-multiplier method:

• Multiplicand: The annual value of the financial support lost.

• Multiplier: A figure representing the number of years the support would have continued, adjusted for factors like life expectancy and contingencies.

For example, if a family's main earner passes away, the dependants may struggle to meet their financial needs without that income.

Funeral Expenses

Reasonable funeral costs can be recovered by the estate or dependants, acknowledging the immediate expenses arising from the death.

Loss of Services

Dependants may also claim for the loss of services the deceased provided, such as childcare or household tasks, recognizing the cost of replacing these contributions.

Non-Pecuniary Losses

Non-pecuniary losses compensate for the non-financial impact of the death.

Bereavement Damages

A fixed statutory amount is awarded to certain relatives, such as spouses or parents of a minor, to acknowledge their grief. As of recent updates, this amount is £15,120.

Pain and Suffering

If the deceased experienced conscious pain and suffering before death, the estate can claim damages for that period.

Loss of Amenity

Damages may be awarded for the loss of enjoyment of life suffered by the deceased between the injury and death.

Practical Application Through Examples

To better understand these principles, consider the following scenarios that illustrate how damages are calculated and awarded.

Example 1: Family's Loss of Financial Support

Picture Sarah, a 40-year-old engineer and mother of two young children, who dies due to medical negligence. Her unexpected death not only brings immense grief to her family but also leaves them facing financial uncertainty.

• Loss of Financial Dependency:

  • Multiplicand: Sarah's annual contribution to the family was £50,000.

  • Multiplier: Based on her age and expected working years, a multiplier of 15 is used.

  • Total Dependency Claim: £50,000 x 15 = £750,000.

• Bereavement Damages: Her spouse is entitled to the statutory bereavement award.

• Funeral Expenses: Reasonable costs can be claimed.

This compensation aims to alleviate the financial burden her death imposes on her family, helping them maintain their standard of living.

Example 2: Estate's Claim for Lost Years

Consider Michael, a 25-year-old athlete with a promising career, who dies following an accident caused by negligence. His potential earnings were significant, and his death represents a substantial financial loss to his estate.

• Loss of Earnings ("Lost Years"):

  • Projected Earnings: Michael was expected to earn £100,000 annually.

  • Deduction for Living Expenses: Personal living costs estimated at 25% of earnings.

  • Net Annual Loss: £75,000.

  • Multiplier: Based on his age, a multiplier of 20 is appropriate.

  • Total Claim: £75,000 x 20 = £1,500,000.

• Pain and Suffering: If Michael was conscious before death, the estate can claim for his pain and suffering.

These funds become part of Michael's estate, benefiting his beneficiaries and honoring his financial legacy.

Complex Considerations in Damage Assessment

Multiple Dependants and Apportionment

When there are multiple dependants, the court must fairly distribute the compensation based on each individual's level of dependency. For instance, if a deceased leaves behind a spouse and elderly parents, the spouse may receive a larger portion due to greater financial reliance, but the parents' needs are also considered.

Impact of Remarriage or New Relationships

Under the Fatal Accidents Act 1976, the potential for a dependant to remarry or enter a new relationship is generally disregarded when assessing damages. This principle ensures that compensation is based on the circumstances at the time of death.

Adjustments for Contingencies

Courts may adjust the multiplier to account for uncertainties in life, such as health risks or economic factors, ensuring that the awarded damages reflect a realistic projection of future losses.

The Interplay of Statute and Case Law

Understanding damages in death claims requires knowledge of statutory provisions. It also involves understanding how courts have interpreted and applied these laws. For example, the decision in Knauer v Ministry of Justice refined how multipliers are calculated, directly affecting how future losses are assessed. Staying informed about such developments is necessary for accurately applying the law.

Conclusion

The assessment of damages in death cases involves a detailed analysis of statutory provisions, case law, and factual circumstances. Key principles include:

1. Statutory Frameworks: The Law Reform (Miscellaneous Provisions) Act 1934 allows the deceased's estate to claim for losses suffered up to death, while the Fatal Accidents Act 1976 enables dependants to claim for their own losses resulting from the death.

2. Calculation Methods: Damages are calculated using established methods like the multiplicand-multiplier approach for financial dependencies, ensuring a fair estimation of losses.

3. Judicial Interpretations: Case law such as Pickett v British Rail Engineering Ltd and Knauer v Ministry of Justice have shaped the understanding and application of these statutes.

4. Practical Considerations: Factors like the number of dependants, potential future changes, and adjustments for contingencies play significant roles in determining the final award.

5. Combining Principles and Application: A thorough analysis requires combining statutory provisions with judicial interpretations to accurately assess and apply the law to specific scenarios.

A thorough understanding of these components is required for effectively addressing tort claims arising from wrongful deaths.