Fatal Injury Claims
Where a person dies as a result of the wrongful act of another, in certain circumstances an action can be pursued against that wrongdoer. This type of action is known as a “Fatal Injury Action” and has a statutory basis in Part IV of the Civil Liability Act, 1961.
Only one action may be brought against the wrongdoer in respect of the death and it must be brought on behalf of all of the deceased’s dependants. The action may be brought by the personal representative of the deceased, or, if at the expiration of six months from the death there is no personal representative or no action has been brought by the personal representative, by all or any of the dependants.
To come within the definition of a “dependant”, a person must have suffered financial loss or mental distress as a result of the deceased’s death and be related to the deceased in a manner which is defined in the Act.
Recent cases of note
- A 17 year old boy dies of congested heart failure at Galway Regional Hospital. Michael Boylan, Solicitor, represented the family at the inquest held at Dublin City Coroner’s Court yesterday the 10th.April 2014
- Substantial settlement for the parents of a baby girl who died during birth
- Substantial damages, an admission of fault and apology following the death of their first born child during birth at Mount Carmel Hospital
- Substantial six figure settlement for the family of man who died following admission to hospital with severe nose bleed
- HIQA Report Finds “Disturbing Resemblance” Between Death Of Garda Tania Mccabe And Savita Halappanava
- Six figure sum on behalf of family following death of two day old infant boy as a result of injuries sustained at birth
- Family of mum who died after birth gets €690,000
- Early settlements in 3 medical negligence actions
- €1.5million for family of deceased farmer in landmark judgment
Mother recovers substantial damages for nervous shock and costs of representation at inquest
- Substantial damages and Apology from HSE over tragic death in childbirth