There are a series of four webinars in June 2022 on key aspects of fatal accident litigation and damages. Looking at recent cases, the child claimant and fatal accidents, damages in anticipation of death and avoiding the pitfalls of fatal accident litigation.
RECENT CASES IN FATAL ACCIDENT LITIGATION: WHAT CAN WE LEARN FROM THEM?
8th June 2022 – booking details available here.
The law as to fatal accident damages is based primarily on judicial decisions. To understand damages fully it is important that you have a detailed knowledge of key decisions and how fatal accident damages are approached by the courts.
This webinar looks at recent decisions in relation to financial dependency including:
- Eligibility – who can make a claim.
- Financial dependency
- Variations on how a dependant’s loss is calculated
- Loss of a carer
- The practical approach that courts are taking
- The type of evidence needed to prove damages
THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION
15th June 2022 – booking details available here.
This webinar looks at the problems and issues faced by a child who has suffered the loss of parents or carers. It looks at the position when children are the sole claimants, have a dependency claim as part of a family and potential claims by the “adult child”.
- The limitation period for children in fatal cases
- Bringing an action on behalf of a child in a fatal case
- When the child is the only dependant. How does the court approach damages?
- When the child has to move household – the complex legal issues
- How are damages assessed if the dead parent provided poor care?
- What is the position when there are “two families”?
- “Does the adult child” have a claim?
- Apportionment of damages and child claimants
The webinar will include an outline of the relevant case law and legal principles.
DAMAGES IN ANTICIPATION OF DEATH: WHEN THERE IS A REDUCED LIFE EXPECTANCY
21st June 2022 – booking details available here.
This webinar looks at the difficult, but important, issue of how the courts award damages when a claimant has reduced life expectancy as a result of their injuries.
- What is the effect of a judgment or settlement prior to death?
- How does reduced life expectancy affect the award for pain and suffering?
- What is the appropriate multiplier when there is reduced life expectancy?
- How do you calculate losses when the claimant is self-employed or running a business?
- Are funeral expenses recoverable when a claimant has a reduced life expectancy?
- How do you calculate loss of income during the “lost years”?
- Can a child claimant claim for “lost years”?
- Can you claim for DIY and services during the lost years?
- Does the claimant have to prove a loss?
- Practical steps that the claimant’s solicitor can take
In addition the webinar looks at the awards for pain and suffering made prior to death or when the claimant has a reduced life expectancy.
FATAL ACCIDENTS: AVOIDING THE PITFALLS
28th June 2022 – booking details available here.
This webinar is designed to look at those areas of fatal accident litigation where a lawyer can be negligent, or run into significant problems.
The webinar will cover:
- Important issues prior to death, the consequences of a settlement of a pre-death action
- Limitation, including Section 33 in fatal cases
- Issuing correctly
- Ensuring you have the correct dependants
- The need to obtain evidence
- The apportionment hearing
- Common pitfalls and how to avoid them