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Losing a loved one due to another’s wrongdoing is heartbreaking. Good & Murray Smith LLP has guided families through such tragedies, offering support and clarity in times of enormous stress. Our goal is to secure fair compensation that acknowledges the profound emotional and financial harm endured.
A fatal accident can arise from road traffic collisions, workplace incidents, medical negligence, or other reckless or negligent acts. When someone close to you has died in circumstances where another party was to blame, Irish law provides a legal path for certain dependants to seek redress. No sum of money truly compensates for the absence of a family member, but it can help a family rebuild, meet ongoing expenses, or honour the deceased’s memory with stability and dignity.
Under Part IV of the Civil Liability Act 1961, any “dependant” of the deceased may pursue a fatal injury claim. The term “dependant” covers spouses, parents, grandparents, children, grandchildren, stepchildren, civil partners, and siblings. Usually, a single representative brings the action on behalf of all entitled dependants. The law ensures that any compensation is distributed among them in a just manner, and it is not uncommon for families to agree among themselves who should initiate the proceedings.
Close family members who witnessed or were present at the fatal incident can pursue an additional claim, known as a “nervous shock” claim, for serious psychological injuries. However, you generally must have been physically present and personally observed the events that caused the death. This particular aspect of the law acknowledges that witnessing the final moments of a loved one is profoundly traumatic.
Damages in a fatal accident claim generally involve three main categories:
Irish law allows for a fixed sum to address the emotional impact of losing a loved one. Currently, this is capped at €35,000.
If the deceased provided you with income or contributed valuable unpaid services in the home, you can seek compensation for that loss of dependency. An actuary typically calculates the amount by projecting what you or other family members would have continued to receive had the accident never occurred.
The expenses tied to a funeral or last rites may form part of your claim. This can encompass the coffin, memorial service, burial plot, or other related fees.
Where the death stems from a deliberate act of violence, dependants sometimes explore relief through the Criminal Injuries Compensation Scheme. This government-funded programme is generally designed for victims of crime, including fatal incidents.
In fatal injury cases, the law typically grants two years from the date of death for bringing a claim. Waiting too long can forfeit your right to compensation entirely. We recommend seeking prompt legal advice to ensure that vital evidence is preserved, memories are fresh, and you do not inadvertently miss important deadlines.
When your solicitor assesses a fatal accident claim, they identify who among the family relied on the deceased’s support, whether financially or through services such as childcare, household chores, or caregiving. Documents like payslips, family budgets, or schedules of domestic responsibilities all help establish the extent of this support.
If the person’s death also caused you psychological harm, statements or expert evaluations may be needed to prove the harm. The courts or the Injuries Board weigh these factors to arrive at a figure, recognising both the economic and human loss suffered.
The claim typically goes through these steps:
We assist you in obtaining medical records, funeral receipts, statements from witnesses, and proof of any income or services the deceased provided.
Depending on the circumstances, one or more parties may be held responsible: an employer for a workplace death, a negligent driver, a hospital for mismanaged treatment, or another entity that contributed to the accident.
Fatal injury actions in Ireland commonly begin with lodging an application with the Injuries Board. However, not every fatal claim is directed there, especially if the responsible party contests liability or if complexities arise. We guide you through these procedural details, ensuring your voice is heard.
Many claims resolve with a negotiated settlement that spares families the rigours of court. Yet, when defendants deny accountability or offer inadequate terms, we stand fully prepared to proceed to trial, to safeguard your interests.
At Good & Murray Smith LLP, we recognise that you need more than expert legal strategy. What you often need is compassion and clarity. Our approach aims to reduce your burdens, handle the technicalities of the claim, and allow you the space you need. We combine over 100 years of experience with a personal commitment to see that your family receives a just outcome.
Fatal accident compensation is meant to offer financial assistance to the dependents of a person who has died, easing some of their economic hardship after the loss. How much a dependent can receive will depend on the specifics of the situation.
Yes, a wrongful death claim can be made on behalf of the deceased individual. If they incurred costs, such as medical expenses or lost income, between the time of the injury and their passing, those expenses may be recovered by dependents seeking compensation for the deceased’s losses.
A fatal injury involves circumstances that lead to death due to external physical harm. Examples include fires, car crashes, drowning, stabbings, shootings, suffocation, falls, and poisoning. This category includes accident, assaults, or any other external cause resulting in a person’s death.
Yes, siblings can claim if they were financially or emotionally dependent on the deceased. The Civil Liability Act recognises siblings as dependants who may be entitled to a share of the compensation awarded.
Yes, dependants can still claim if the deceased provided valuable unpaid services, such as childcare, household duties, or caregiving. These contributions are quantified to reflect their economic value in the compensation claim.
Yes, you can pursue a claim if the fatal accident occurred overseas. Depending on the circumstances, the claim might be made in Ireland or in the jurisdiction where the accident took place. A solicitor experienced in cross-border claims can advise on the best course of action.
If more than one party is liable, the court may apportion responsibility among them. Compensation can be pursued against all at-fault parties, ensuring dependants receive full redress for their loss.
Yes, dependants can claim for the loss of future inheritance if the deceased would likely have accumulated assets or savings that would have been passed on. This is considered when calculating compensation.
If disputes arise among dependants about the claim or the distribution of compensation, the court may intervene to ensure a fair resolution. Open communication and legal guidance can help avoid such conflicts.
If your family has lost someone due to negligence or wrongdoing, we are here to help. We explain every aspect of bringing a claim, from the compensation you might expect to the paperwork you will need. Contact us for a confidential conversation about your options.
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If you’ve been injured and believe you may have a claim, don’t wait. Good & Murray Smith LLP is here to help. Contact us to arrange a consultation to review your case and guide you through the next steps.
