Damages

Question 1

When are bereavement damages available?

Answer 1

If the deceased would have been able to bring a tort claim on account of a negligent act that caused their death, dependants can seek bereavement damages and/or loss of dependancy:

Bereavement damages can only be recovered by:
- deceased’s spouse or civil partner; OR
- cohabitant of more than 2 years; OR
- deceased’s parents if the deceased was under 18 and never married

Children of the deceased are NOT entitled to bereavement damages

Question 2

When are Loss of dependancy damages available?

Answer 2

If the deceased would have been able to bring a tort claim on account of a negligent act that caused their death

Loss of dependancy damages are available if the claimant was a dependant of the deceased, and was financially dependant on the deceased

Question 3

When are funeral expenses recoverable?

Answer 3

If the defendant’s tort caused the victim’s death