Dependency Claim “2 Year Rule”
Fatal accidents, dependency claim, 2 year rule, fatal accident solicitors, Human Rights:
The provision in the Fatal Accidents Act 1976 s.1(3)(b) that a surviving partner had to lived with the deceased for two years or more prior to the partner’s death in order to bring a claim for loss of dependency was not incompatible with the right to family life under Human Rights Act, art.8. The purpose of s.1(3)(b) was not to improve, promote, or benefit ongoing family or private life, but was concerned simply to provide certain categories of persons with a right to claim for losses that could be measured in financial terms.
The court was concerned with the mere fact of having lived with someone for a particular length of time did not have a right under the Fatal Accident Act. The widow’s claim had failed and she was unable to make a claim for compensation on behalf of her partner as she could not prove she lived with the deceased for a period of 2 years prior to death.
Regrettably this the 2 year hurdle under the Fatal Accident Act could not be avoided by the 2 year rule for dependency. Whilst it was a clever argument by the Widow’s solicitors to challenged the law under the Human Rights Act nevertheless a fatal accident compensation claim by her solicitors had failed.
Posted: October 11, 2013 at 9:00 am