Fatal Accidents Act 1976
|Long title||An Act to consolidate the Fatal Accidents Acts.|
|Citation||1976 c 30|
|Territorial extent||England and Wales|
|Royal Assent||22 July 1976|
|Commencement||1 September 1976|
|Amended by||Administration of Justice Act 1982, ss. 3(1), 73(1)|
Status: Current legislation
|Text of statute as originally enacted|
|Revised text of statute as amended|
The Fatal Accidents Act 1846 had allowed claims for damages by the relatives of deceased persons for the first time. The 1976 Act modernised the process and repealed earlier legislation.
The Act allows claims as stipulated in s. 1(1):
If death is caused by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured.
- Dependency claim (s. 1) - A claim for economic loss by a restricted class of "dependant" defined in s.1(3).
- Bereavement claim (s. 1A) - A claim in recognition of grief by a further restricted class of "dependant", similar to a solatium in Scottish law. As of 1 April 2013, the amount of the bereavement claim award increased from £11,800 to £12,980.
- Funeral expenses (s. 3(5)) of the dependants.
- Dow, D. & Lill, J. (2007). Personal Injury and Clinical Negligence Litigation. London: CLP. pp. Ch. 15. ISBN 1-905391-28-5.
- Law Commission (1997) "Consultation Paper - Claims for Wrongful Death", LCCP148
- — (1999) "Claims for Wrongful Death - A Final Report", LC263
- Lunney, M. & Oliphant, K. (2003). Tort Law: Text and Materials (2nd ed. ed.). Oxford: Oxford University Press. pp. 851–868. ISBN 0-19-926055-9.
- Speiser, S. M. (1988). Recovery for Wrongful Death and Injury (3rd ed. ed.). London: Callaghan. ISBN 9999690823.
- The Fatal Accidents Act 1976, as amended from the National Archives.
- The Fatal Accidents Act 1976, as originally enacted from the National Archives.
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