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McMeel on the Construction of Contracts: Interpretation, Implication and Rectification

Gerard McMeel
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Fatal Accidents: Law and Practice

Clive Thomas

ISBN13: 9781853289576
ISBN: 1853289574
Published: April 2005
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print





A thorough understanding of how to conduct fatal accident claims is essential in order to calculate and secure maximum damages for dependents. Fatal Accidents deals with everything from the inception of a claim to its conclusion. The focus is both practical and comprehensive and includes clear explanations of areas that are usually only available in more encyclopedic publications.

Key contents include: -

  • claims under the Law Reform (Miscellaneous Provisions) Act 1934
  • claims under the Fatal Accidents Act 1976
  • apportionment and interest
  • claims for psychiatric injury
  • applications for compensation to the Criminal Injuries Compensation Authority
  • law and procedure relating to inquests.
Each chapter begins with a concise summary which should allow the busy practitioner to pick up the salient points with ease. Relevant precedents, statutes and schedules of loss are appended.

Subjects:
Personal Injury Law
Contents:
Introduction

Part I: Claims on Behalf of the Deceased's Estate Under the Law Reform (Miscellaneous Provisions) Act 1934
1. The recoverability of damages by the deceased's estate
2. The recoupment of benefits from the deceased's estates claim

Part II: Claims on Behalf of the Deceased's Dependants Under the Fatal Accidents Act 1976
3. Preliminary factors that must be proven for a claim to arise
4. Heads of loss: An overview
5. Non-dependency awards
6. Financial dependency claims
7. Service dependency claims
8. Multipliers in conventional personal injury claims
9. Multipliers in Fatal Accidents Act claims
10. Factors that may reduce or extinguish a claim

Part III: Additional Matters
11. Apportionment and interest
12. Limitation
13. Psychiatric injuries arising out of a wrongful death
14. Fatal accidents and the Criminal Injuries Compensation Authority
15. Inquests.

Appendices:
Precedents: 1. Death of an Income Earning Spouse
A. Claim form
B. Particulars of claim
C. Schedule of loss
C. Counter schedule of loss
2. Death of a Non-Earning Spouse
A. Schedule of loss
B. Counter schedule of loss. Statutes: A. Law Reform (Miscellaneous Provisions ) Act 1934
B. Fatal Accidents Act 1976, ss 1-4
C. Limitation Act 1980, ss 11, 11A, 12, 13, 28, 28A and 33.