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Posthumous Claim Query

  • 02-10-2014 6:09pm
    #1
    Questions Questions
    Registered Users, Registered Users 2 Posts: 1 ✭


    If someone has been seriously injured in a car accident (broken back and breathing ventilator) will compensation still be paid by the insurance company if the patient dies before recovering well enough to leave hospital?

    My understanding is that compensation is graded according to severity of injury and impact on future life quality. ie if paralysis causes the person to need full time care and modified home etc so just wondering if they still pay when the person dies.


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Damages for personal injury are not recoverable after death.

    However, special damages (out of pocket expenses) may be recoverable.

    Fatal injury claims are also worth bearing in mind, in appropriate cases.

    EDIT: section 7 of the Civil Liability Act 1961, as amended*.




    *Amendment relates to defamation, not personal injury.


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