Hi everyone, could you please briefly explain me the following points?
In personal injury cases, there are lots of remedies that the injured can claim, but I'm struggling to understand death.
1) What are the purposes of Law Reform Miscellaneous Provisions Act 1934 and the Fatal Accidents Act 1976?
2) Does it matter whether the injured dies immediately or after a certain amount of time (obviously before the trial).
3) In personal injury case, the general principle is to put the injured in an as good position as he would have been had the tort not been commited. Is there any such general principle in here? Is there something like - any dependant may claim for an amount to be in the same position as he would have been had the deceased lived? And, if so, how far does this extend, could you say if the deceased lived, he would have for example paid his mortgage, by the time he died he would probably have left £500,000 estate which would be inherited to me etc?.
4) this is irrelevant to death, but - what if because of a tort, you have 25% chance of dying after 10 years? Could you claim for stress? And could you claim any financial awards? And what could you claim?
Thanks guys!