Benefits paid to the deceased must be considered in the context as to whether the dependent has suffered loss. No loss was suffered in Cox v Hockenhull (1999) The Times 17 June 17 CA. There is no recoupment of benefits. Benefits accruing as a result of death following a fatal accident claim, eg, insurance policies or inherited money, shall be disregarded as 4 FAA.
Settling a claim against one defendant following a fatal accident, before death was a bar to fatal accident claim against another defendant Jamesson v CEGB [1999] PIQR.
