FATAL ACCIDENT CLAIMS: A DEPENDANT’S LOSS OF EARNINGS CANNOT BE CLAIMED

Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE

In Rupasinghe -v- West Hertfordshire Hospitals NHS Trust [2016] EWHC 2848 (QB) Mr Justice Jay rejected a novel attempt to develop fatal accident damages so as to include future loss of earnings by a dependant.

KEY POINTS

  • A widow could not advance her claim for loss of her own earnings following her husband’s death.
  • The claimant attempted to frame the claim as part of the loss of services claim. However it was not. In reality it was an independent claim for loss of earnings.

THE CASE

Mr Rupasinghe was killed as a result of the defendant’s (admitted) negligence.  Consequently his wife, Dr Rupasinghe, returned to Sri Lanka with her young family.  The judge found that the move to Sri Lanka was a reasonable one (it enabled Dr Rupasinghe to be with her family).  The majority of the damages were agreed.  The issues in dispute related to claim by Dr Rupasinghe…

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