Tort Question
I've just revised Remedies in Tort but have a question in regards to claims for personal injuries and the Fatal Accident Act. Does a person injured get a claim through his losses etc, and when he dies his dependants use the Fatal Accident Act to receive compensation, or is the FAA only used if the accident kills the person straight away and previous compensation hasn't been given?
Basically are the two linked or can only one be used?
Basically are the two linked or can only one be used?
From what I recall last year:
FAA applied to death though an accident OR a debilitating injury. s 1 (1) FAA
Example- Ted dies because Robin kills him. Ted can claim.
Example- Ted is a quadriplegic because of the accident which happened because of Robin. Ted can claim.
Note that LA'80 and settlements prior to death bar remedies.
FAA applied to death though an accident OR a debilitating injury. s 1 (1) FAA
Example- Ted dies because Robin kills him. Ted can claim.
Example- Ted is a quadriplegic because of the accident which happened because of Robin. Ted can claim.
Note that LA'80 and settlements prior to death bar remedies.
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