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详细
Fatal accidents present the lawyer with a set of problems distinct from those of non-fatal personal injury claims. In particular, who does the law categorise as a dependant and how do you calculate the claim for dependency?
The APIL Guide to Fatal Accidents, now in its fourth edition, provides practical advice on how to run a case involving a fatal accident and how to secure maximum awards for the family, friends and estate of the deceased.
Useful practical materials such as client questionnaires, draft pleadings and schedules of damages complement the text. In addition the relevant statutory materials and the latest edition of the Ogden Tables are reproduced for ease of reference.
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Initial Considerations
- The Legal Background
- Funding Fatal Accident Cases
Does the Client Have a Claim?
- The Type of Incident that can give Rise to a Claim
- Is Your Client a Dependant?
- The Type of Financial Dependency that Entitles a Party to a Claim
- Limitation and Other Matters that Could Bar a Fatal Accident Claim
Valuing the Dependency Claim
- Basic Principles of Dependency Calculation
- Section 4 of the Fatal Accidents Act 1976 – Matters Which Should be Disregarded
- Loss of an Income Earner
- Damages for Death of a Mother or Carer
- Dependency Cases: Parents of Adult Children; Loss of a Child
- Difficult Issues in Dependency Claims
Non-dependency Claims
- Damages in anticipation of death
- Funeral Expenses
- Bereavement Damages
- Injuries and Losses of the Deceased Prior to Death
- Damages for Injury to Another Arising Out of the Death
Procedure
- Pre-action conduct
- Pre-action Protocols
- Procedural Matters Upon Issue of Proceedings
- Drafting Witness Statements
- The Schedule of Damages
- Apportionment
Matters Requiring Special Care
- Damages in anticipation of death
- Criminal Injuries and Fatal Accidents
- An Introduction to the Coroners’ Inquest
Future Developments in the Law Relating to Fatal Accidents
- The Law Commission Recommendations
- Human Rights and Fatal Accident Claims
Appendices
- Example Client Questionnaire
- Checklists
- Precedents
- Statutory Materials
- Ogden Tables (7th Edition)
- Further Reading
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"the new, second edition of the APIL Guide to Fatal Accidents ... gives excellent practical advice on how to run a case involving a fatal accident and how to secure maximum awards for the family, friends and the estate of the deceased person ... amazingly, in just over 300 pages, Exall takes us on a tour of the subject ... 26 chapters with 6 excellent appendices including the legislation and Ogden Tables ... Patrick Allen who describes the guide as 'a model of clarity and practical application for lawyers trying to find their way through the maze of law and procedure relating to fatal claims'"
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"provides a very useful and accessible overview to a complicated subject"
PIBA newsline