Wrongful Death Claims: A Practical Guide provides insightful analysis of the issues faced in this complex area, while focusing on the wrongful death and related legislation. Ancillary civil liability, workers’ compensation and motor accidents compensation legislation is also addressed.
This resource will be invaluable to all legal practitioners engaged in this field and equally for the judiciary when adjudicating upon fatality claims.
Commencing in the United Kingdom with the Fatal Accidents Act 1846 (UK), the development of this area of the law is traced through several jurisdictions in the British Isles and the British Commonwealth, including the Australian states and territories, all of which have substantially followed the UK model. With a focus on the significant influence of judicial decisions, in Australian and other jurisdictions, the work will be a valuable resource in those jurisdictions with comparable wrongful death legislation.
Drawing on specialist experience acquired over more than 30 years, this guide:
• deals extensively with the theory and its practical application
• provides the tools to resolve issues faced by practitioners, and
• offers suggestions for legislative and judicial reform.
• Dal Pont, Law of Limitation 2nd ed
• Luntz, Assessment of Damages for Personal Injury and Death: General Principles
• Davies & Malkin, Focus Torts, 9th ed
Table of contents
- Chapter 1 Introduction
- Chapter 2 Basic principles relevant to establishing liability
- Chapter 3 Investigating quantum
- Chapter 4 Components of claim – loss of income and related claims
- Chapter 5 Components of claim – loss of domestic services
- Chapter 6 Components of claim – expenses
- Chapter 7 Benefits and gains
- Chapter 8 Assessment of claims
- Chapter 9 Death benefits payable pursuant to workers’ compensation legislation
- Chapter 10 Preparation of particulars of claim
- Chapter 11 Costs
- Chapter 12 Common law claim – grief – recognised psychiatric illness