A Claim on Behalf of The Estate of the Deceased
The “estate” of the deceased are those persons (usually close family members) who would be entitiled to the deceased’s assets on death. The law governs entitlement by reference to the wishes in the deceased Will or if there is no will, on the rules of intestacy or what is commonly known as “next of kin.”
The “estate” can claim the following compensation in the event of a fatal accident:
- Financial loss suffered before death, including cost of voluntary care of wife’s services
- Pain and suffering of the deceased
- Funeral expenses.
Damages for loss of expectation of life was abolished by s1 of the Administration of Justice Act 1982. Section 4 of the Act amends the 1934 Act so as to exclude the survival of any damages for loss of earnings during the lost years for the benefit of the estate. Where death is instantaneous following a fatal accident, there will be no award for pain and suffering.
Below are three cases which list the award of compensation for the deceased “estate” where death was not instantaneous:
- 1. Robertson v Lestrange [1985] 1 All ER 950, 4 days = £150
- 2. Lawrence v John Laing [1982] CLY 880, 2.5 days after 90% burns = £200
- 3/ Prior v Hastie [1987] CYL 1219, 11 weeks suffering from a malignant peritoneal Mesothelioma £7000
The damages payable to the estate, which then pass onto the dependants as beneficiaries are not deducted from the FAA claim.
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