Coping with the sudden and heartbreaking loss of a loved one can be overwhelmingly painful. At Anthony Joyce & Co Solicitors, we extend our heartfelt sympathies to you during this profoundly difficult time. Our commitment is to provide you with steadfast support and clear guidance through the legal process, ensuring that you receive the thoughtful and professional assistance necessary to achieve the resolution you deserve.
Initiating a Fatal Injury Claim
In accordance with the Civil Liability Act 1961, during the initial six months following a loved one’s passing, dependants are not permitted to initiate a fatal injury claim. This responsibility falls to the Personal Representative of the deceased, who acts on behalf of the dependants. Should the Personal Representative fail to bring forth the claim within this period, or if an appointment has not been made, the right to initiate the claim then transfers to the dependants after the six-month mark.
Defining a Dependant
A “dependant” includes a wide range of relatives, such as the deceased’s spouse, parents, grandparents, children, grandchildren, siblings, and half-siblings, recognizing the breadth of those affected by a tragic loss.
The Role of the Injuries Board
A fatal injury claim, while distinct from a personal injury claim, still necessitates submission to the Injuries Board. This step is crucial before any legal proceedings can begin, ensuring due process with an Authorisation from the Board to proceed.
Key Elements of a Fatal Injury Claim
To establish a fatal injury claim, the following are required:
- Proof of another party’s negligence.
- Evidence that this negligence led to the fatal injury.
- A robust collection of evidence compiled by your solicitor, ranging from medical records to expert testimony.
Compensation for a fatal injury is categorized under three distinct heads:
- Special Damages: Covering all funeral expenses and related legal costs, such as those arising from an Inquest, these are claimed against the party at fault.
- Solatium: As recognition of emotional suffering, this statutory payment offers dependants a shared lump sum. It’s important to note that this figure is currently capped at €35,000, reflecting the limit set by present legislation, which is subject to change.
- Loss of Dependency: This compensates for the financial void created by the deceased’s passing, considering potential future earnings and support, adjusted for life expectancy and other relevant factors.
At Anthony Joyce & Co Solicitors, we are dedicated to offering clear and precise legal support for your fatal injury claim, ensuring you receive the justice and support you and your family need. For expert guidance through each step of the legal process, contact us today.