Remedies for personal injury and death claims - Damages in cases of death

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Overview

A firm grasp on the legal framework for compensatory damages in personal injury and death claims is vital for the SQE1 FLK1 exam. This article examines the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976, exploring how they interact within tort law. We will discuss pecuniary and non-pecuniary damages, analyze relevant case law, and outline complexities in damage assessment for death claims. This information is essential for legal professionals navigating such cases and is a critical part of the SQE1 FLK1 syllabus.

Statutory Framework

Law Reform (Miscellaneous Provisions) Act 1934

This Act fundamentally changed the common law rule "actio personalis moritur cum persona" (a personal action dies with the person). Section 1(1) allows causes of action to survive for the deceased's estate.

Key Provisions:

  1. Survival of Actions: All causes of action connected to the deceased persist for their estate's benefit (s1(1)).

  2. Exceptions: Claims for defamation and bereavement damages under the Fatal Accidents Act 1976 do not survive (s1(1A)).

  3. Limitation on Damages: Only losses accrued before death are recoverable (s1(2)(a)).

Case Law Interpretation: In Pickett v British Rail Engineering Ltd [1980] AC 136, the House of Lords held that the estate could recover damages for loss of earnings during "lost years."

Fatal Accidents Act 1976

This Act enables dependants to claim compensation for losses due to a wrongful death.

Key Provisions:

  1. Dependency Claims: Section 1 allows dependants to claim for financial losses resulting from the death.

  2. Statutory List of Dependants: Section 1(3) lists those who qualify as dependants.

  3. Bereavement Damages: Section 1A provides bereavement damages to specific relatives.

  4. Assessment of Damages: Section 3 lays out damage assessment principles, not considering remarriage potential.

Case Law Developments: In Mosson v Spousal (London) Ltd [2016] EWHC 53 (QB), it was decided that the multiplier should be calculated from the death date rather than the trial date.

Assessment of Damages

Pecuniary Losses

These are quantifiable financial losses due to death, including:

  1. Loss of Financial Dependency: Calculated using the multiplicand-multiplier method.

    • Multiplicand: Annual value of dependency
    • Multiplier: Expected support years, adjusted for contingencies

  2. Funeral Expenses: Reasonable costs associated with the funeral.

  3. Medical Expenses: Costs from injury to death.

Calculation Methodology: In Knauer v Ministry of Justice [2016] UKSC 9, the Supreme Court stipulated that the multiplier should be calculated from the date of death.

Non-Pecuniary Losses

These address intangible detriments:

  1. Pain and Suffering: Compensation for the deceased's conscious suffering between injury and death.

  2. Loss of Amenity: Damages for loss of life enjoyment during the period from injury to death.

  3. Bereavement Damages: A fixed statutory sum awarded under s1A of the Fatal Accidents Act 1976.

Judicial Approach: In Hicks v Chief Constable of South Yorkshire Police [1992] 2 All ER 65, it was held that damages for life's expectation loss are not recoverable without conscious suffering.

Complex Scenarios in Damage Assessment

Multiple Dependants

For multiple dependants claiming under the Fatal Accidents Act 1976, the court apportions damages by considering:

  • Each claimant's dependency level
  • Duration of expected dependency
  • Any special needs

In Oldham v QBE Insurance (Europe) Ltd [2017] EWHC 3045 (QB), guidance was provided on apportioning damages, ensuring fair distribution.

Lost Years Claim

"Lost years" claims compensate for earnings the deceased would have accumulated. Considerations include:

  • Career progression
  • Living expenses deductions
  • Tax implications

In Adsett v West [1983] QB 826, the Court of Appeal ruled on living expenses deductions from lost years claims, typically 50% of net earnings for singles and 33% for married individuals.

Practical Application

Example 1: Complex Dependency Claim

Dr. Smith, a 45-year-old surgeon, dies in a car accident caused by negligence. She left her husband and two children.

Analysis:

  1. Loss of Dependency:

    • Multiplicand: £100,000 (2/3 of income for support)
    • Multiplier: Approximately 20 (adjusted for contingencies)
    • Total: £2,000,000 (before apportionment)

  2. Apportionment:

    • Husband: 50% (£1,000,000)
    • Each child: 25% (£500,000 each)

  3. Bereavement Damages: £15,120 to the husband

  4. Funeral Expenses: Around £5,000-£10,000

Example 2: Lost Years Claim

Mr. Jones, a 30-year-old architect, suffers injuries and dies after six months.

Analysis:

  1. Pain and Suffering: £20,000 for conscious suffering

  2. Lost Years Claim:

    • Annual earnings: £60,000
    • Living expenses: £20,000 deduction
    • Net loss: £40,000
    • Multiplier: 27
    • Total: £1,080,000

  3. Medical Expenses: Actual treatment costs

  4. Funeral Expenses: Reasonable costs

Conclusion

Assessing damages in such claims involves statutory provisions, case law, and actuarial calculations. For the SQE1 FLK1 exam, it's crucial to know:

  1. Differences between claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976.
  2. The principles that guide pecuniary and non-pecuniary loss calculations.
  3. Application of these principles to complex scenarios.
  4. Key case law and their impact on assessments.
  5. The need for accurate calculation and fair damages distribution.

Understanding these concepts enables aspiring legal professionals to offer precise advice and ensure fair compensation in these significant cases.