Personal Injury Query

novaboy80

Does anybody on here with some experience on this matter know what position one would be in if there was a personal injury claim been made by a family member against a neighbour and the case was been put together by a solicitor but then sadly that same family member passed away from other causes, does this put an end to the proceedings or can a family member proceed with the case on their behalf as statements were recorded by the gaurds and a doctor has filled out a report etc.

Any info. would be greatly appreciated, thanks in advance

NoQuarter

http://www.irishstatutebook.ie/1961/en/act/pub/0041/sec0007.html#sec7

Pat Mustard

Take a look at this legislation, but be aware that it does not give a full answer to your question. Legal advice not allowed here, etc. The best person to contact is your late family member's solicitor.

Civil Liability Act 1961, as amended.

7. Survival of certain causes of action vested in deceased person


(1) On the death of a person on or after the date of the passing of this Act all causes of action (other than excepted causes of action) vested in him shall survive for the benefit of his estate.


(1A) On the death of a person on or after the commencement of section 39(2)(a) of the Act of 2009, a cause of action for defamation vested in him immediately before his death shall survive for the benefit of his estate.


(2) Where, by virtue of subsection (1) of, a cause of action survives for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person shall not include exemplary damages, or damages for any pain or suffering or personal injury or for loss or diminution of expectation of life or happiness.


(2A) Where by virtue of subsection (1A) of this section, a cause of action for defamation survives for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person shall not include general damages, punitive damages or aggravated damages.


(3) Where—
(a) a cause of action survives by virtue of subsection (1) of this section for the benefit of the estate of a deceased person, and
(b) the death of such person has been caused by the circumstances which gave rise to such cause of action,
the damages recoverable for the benefit of his estate shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included.


(4) The rights conferred by this section for the benefit of the estate of a deceased person are in addition to the rights conferred on the dependants of deceased persons by Part III of the Act of 1936 and Part IV of this Act

EDIT: After all that, beaten to the punch by NoQuarter!

novaboy80

Thanks for the info, only wish i could make sense of it lol, it's a bit confusing

dermot_sheehan

A claim can be brought for actual out of pocket expenses by the person's estate but not damages for previous or future pain and suffering.

novaboy80

dermot_sheehan wrote: »

A claim can be brought for actual out of pocket expenses by the person's estate but not damages for previous or future pain and suffering.

"By the persons estate", in Layman's terms, i'm guessing that means by the persons family, yes/out by a mile?

NoQuarter

It means by the persons "pot" or the persons worldly possessions, which will belong to his family whatever way the will has been done etc.

novaboy80

Thanks for the help

valleyoftheunos

The expenses such as doctors' bills, loss of earnings, and the legal costs can all be recovered after the person has died. As said above there can be no compensation for pain or suffering by the person caused by the accident.

"Estate" here means the contents of the deceased person's Will. So any award from the case will go into the "estate" or "Pot" and will be distributed with the rest of the will.