Fatal Accidents and Personal Injuries Act · As enacted · Part · Fatal Accidents Claims
6. Assessment of damages
Official textFrom Attorney General's Chambers, unchanged
In the action, such damages (other than damages for bereavement), may be awarded as are proportioned to the injury resulting from the death to the dependants respectively.
After deducting the costs not recovered from the defendant, any amount recovered otherwise than as damages for bereavement shall be divided among the dependants in such shares as may be directed.
In an action under this Part, where there fall to be assessed damages payable to a widow in respect of the death of her husband, there shall not be taken into account the remarriage of the widow or her prospects of re-marriage.
In an action under this Part, where there fall to be assessed damages payable to a person who is a dependant by virtue of section 3(b) in respect of the death of the person with whom the dependant was living as husband or wife, there shall be taken into account (together with any other matter that appears to the court to be relevant to the action) the fact that the dependant had no enforceable right to financial support by the deceased as a result of their living together.
If the dependants have incurred funeral expenses in respect of the deceased, damages may be awarded in respect of those expenses.
Money paid into court in satisfaction of a cause of action under this
court
“court” means in relation to any claim, the court or arbitrator by or before whom the claim falls to be determined;
Part may be in one sum without specifying any person’s share.
Fatal Accidents and Personal Injuries
Terms defined in this Act
court
Defined · s 10“court” means in relation to any claim, the court or arbitrator by or before whom the claim falls to be determined;
Part
Contributory Negligence
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Effect of Death
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Contribution
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