Fatal Injury Claims / Wrongful Death

Pecuniary Loss – Difficult to Assess




It is pecuniary loss which is the most difficult to calculate. Pecuniary loss includes, but is not limited to:

• Loss of services i.e. where the deceased carried out home repairs or decoration
• Childcare, i.e. where the deceased looked after the children of the family on a full-time basis.
• Financial contributions normally made by the deceased to the dependants
• Monetary loss in general i.e. salary of the deceased

The above are only a few of the items included in a claim for pecuniary loss. When calculating pecuniary loss, the court will take into account the loss actually incurred from the date of death to the date of trial, as well as losses into the future.

Who are Dependants? – Civil Liability Amendment Act

Under the Civil Liability Amendment Act dependents are set out as follows:

• Spouse
• Parent
• Grandparent
• Step-parent
• Child
• Grandchild
• Brother
• Sister
• Half brother
• Half sister
• Civil partners
• A person who is not married to the deceased but who, until the date of the deceased’s death, had been living with the deceased as husband and wife for a continuous period of not less than three years.
• A person to whom the deceased was married but the marriage was dissolved before the date of death of the deceased.

One Person brings a Fatal Claim on behalf of all Dependants




To qualify as a dependent, the individual must have experienced financial loss or mental distress due to the death of the deceased. Although there may be multiple dependents of the deceased, it is important to remember that only one person can submit a fatal injury claim on behalf of all dependents. Therefore, it is crucial to have all details of the statutory dependents before starting a claim.




A statutory dependent who was not financially reliant on the deceased can waive their rights to be included in the fatal injury claim. The sum of €35,000, if awarded, is to be divided among all dependents. As previously stated, it is important to remember that this is not an attempt to compensate for the loss of a loved one; it is simply an acknowledgment of grief. Additionally, there is no limit on the damages that can be recovered for financial loss, funeral, and other expenses.




Although the amount allowed for mental distress is very low, it must be distinguished from a separate cause of action that can be brought for nervous shock. This cause of action is not included in the Fatal Injury Summons and is instead a standalone action initiated via a Personal Injury Summons. In a fatal injury claim, only one person can bring the claim on behalf of all dependants; this is not the case when a separate cause of action concerning nervous shock arises.

Time Limit for a Fatal Injury Claim




The dependants have two years from the date of death to bring a fatal injury action, also known as a claim for wrongful death. It is crucial to note that the two-year limit starts on the date of death and NOT when the accident or injury causing the death took place. Although this may seem like an insignificant point, it must be remembered that a person can be wrongfully injured but not necessarily pass away on the same day the injury was sustained.




Example:

Joe was injured in a road traffic accident on 1st January 2005. He was taken to hospital for treatment and remained in a coma until January 2007. If the two-year time limit had started from the date Joe was injured, the dependants would now be statute barred from bringing a fatal injury action. In this case, the two years does not commence until he passes away in January 2007, meaning the dependants now have until January 2009 to initiate fatal injury proceedings.




Family Member – Fatally Injured due to Negligence





As a family member, you may be eligible to make a Fatal Injury Claim if a death results from the negligent, irresponsible, or illegal actions of another person. The immediate family of the victim can claim for wrongful death. The family may seek compensation for all financial losses and expenses related to the death, as well as general damages for the distress caused by bereavement. 
The amount for fatal injury claims recoverable largely depends on the level of financial dependency on the deceased by the family. For example, where the deceased was the sole breadwinner with a young family, the family may claim a lump sum payment sufficient to provide an income equal to the income the deceased could reasonably have expected to earn over his remaining life expectancy if he had lived.




PIAB – Step By Step Process





When your application is received by the Board, they will issue a letter known as a ‘Section 50 Letter’. This letter confirms that the Board has received your application. Once this letter is issued, the Statute of Limitations ceases to run against you. Under the Statute of Limitations, a claimant has two years from the date of the accident to lodge a claim. After this two-year period has elapsed, the claim becomes statute-barred, meaning the claimant can no longer seek compensation for the injuries sustained.

The application must be received by the Board before the two-year period expires. The Statute then pauses while the Board assesses the claim. If the claim does not settle at the Injuries Board stage and the claimant receives an Authorisation from the Board, they are granted an additional six months to initiate proceedings.

1. The first step taken by the Board is to contact the respondent (the person or company you are suing) and ask whether they will permit the Board to make an assessment (offer money to the claimant). The respondent has 90 days to respond. If the respondent does not agree to an assessment, the Board will issue what is known as an Authorisation, allowing the claimant to initiate court proceedings. 
If the respondent agrees to the Board making an assessment, the Board will notify us in writing that they will proceed with an assessment and provide a ‘Schedule of Special Damages Form’ and a ‘Loss of Earnings Certificate,’ which should be completed by the claimant. The Schedule of Special Damages outlines the claimant’s out-of-pocket expenses, e.g., medical expenses, travelling expenses, car damage, or any other costs incurred by the claimant as a result of their accident. The Certificate of Loss of Earnings needs to be completed by the claimant’s employer; this will only be necessary if the claimant was out of work due to the accident and was not paid while away from work.
If the Board proceeds with an assessment, it has nine months from the date of the decision to complete it.
2. The next step for the Board will be to have the claimant assessed by an independent doctor in order to obtain a medical legal report.
3. Once the Board receives the completed Schedule of Special Damages, the Certificate of Loss of Earnings (if applicable), and the medical report, they will then proceed to make an assessment.
4. We will be notified in writing when the Board makes the award. The claimant has 28 days to decide whether to accept the award or not. The respondent has 21 days to make the same decision.
5. If both parties accept the assessment, then an ‘Order to Pay’ will be issued, and the claimant’s cheque is usually requisitioned within six weeks.
6. If one or both parties reject the assessment, the Board will issue an authorisation, allowing the claimant to initiate court proceedings. Just because court proceedings are started does not mean that the claimant or plaintiff will necessarily end up in court. If we do proceed to issue proceedings on your behalf, in most cases the claim is settled before reaching trial.