Compensation law to be updated to help those left behind by deaths through negligence
01 July 2009
Children under 18 left behind following the death of a parent through negligence will be able to claim additional compensation under proposed legislation, the government said today.
Changes to the Fatal Accidents Act 1976 will extend the categories of people eligible to claim damages for bereavement to include children under 18 for the death of a parent; cohabitants of at least two years’ duration for the death of a partner; and unmarried fathers with parental responsibility for the death of a child under 18.
The ability to claim as a ‘dependant’ of the deceased person will also be extended to include any person who was being wholly or partly maintained by the deceased person immediately before the death.
These decisions are contained in the government response published today to the consultation paper the law on damages, which sought views from organisations and individuals on whether there should be changes to the law on damages in a range of different areas. The government response summarises the responses received during the consultation and sets out the government’s conclusions and next steps.
The response also proposes changes to the law in relation to damages for gratuitous care, which is care provided for an injured person free of charge by relatives or others, and on aggravated and restitutionary damages, which are awarded respectively to compensate the claimant for mental distress caused by the defendant’s conduct and to take away unfair gains by a defendant.
Bridget Prentice MP, Minister for Civil Justice, said:
‘These changes will bring the law up to date, providing a fairer and clearer justice system for people making damages claims and helping to compensate more people after a close relative dies as a result of another person’s negligence.’
Statement on the law on damages
The Parliamentary Under Secretary of State, Ministry of Justice (Bridget Prentice):
‘We are today publishing the government response to the consultation paper “The Law on Damages”, together with a summary of the responses to consultation.
‘The response paper indicates that changes will be made to the Fatal Accidents Act 1976 to extend the categories of people eligible to claim damages for bereavement to include children under 18 for the death of a parent; cohabitants of at least two years duration for the death of a partner; and unmarried fathers with parental responsibility for the death of a child under 18.
‘The ability to claim as a dependant of the deceased person will also be extended to include any person who was being wholly or partly maintained by the deceased person immediately before the death.
‘The response paper also confirms our intention to make certain changes to the law in relation to damages for gratuitous care and on aggravated and restitutionary damages.
‘Copies of the government’s response will be placed in the libraries of both Houses and can also be obtained on the ministry’s website.’
Notes to editors
- The consultation paper the law on damages was published on 4 May 2007. The paper considered issues arising from a number of Law Commission reports. These included recommendations for changes to the Fatal Accidents Act 1976 concerning claims for damages where a person’s death has been caused by the negligence of another person.
- In relation to bereavement damages, claims can currently only be made by the spouse or civil partner of the deceased or, where the deceased was under 18 and unmarried, his or her parents (where married) or mother (where unmarried). In relation to dependency claims, the 1976 Act sets out a list of relatives of the deceased who are entitled to claim. However, people who fall outside these categories are currently unable to do so.
- The consultation paper also sought views on the principles surrounding the ability of people injured to claim damages for the cost of private medical treatment, and on the relationship between public and private provision of care and accommodation services. In addition, it considered the law on claims for psychiatric illness; aggravated and restitutionary damages; and the treatment in damages awards of collateral benefits, gratuitous care and services, and accommodation expenses.
- The Law Commission reports discussed in the consultation paper were Claims for Wrongful Death (no 263); Liability for Psychiatric Illness (no 249); Damages for Personal Injury: Medical, Nursing and Other Expenses; Collateral Benefits (no 262); and Aggravated, Exemplary and Restitutionary Damages (no 247).
- The response to the consultation is available in the consultations section of the site. The proposals for primary legislation will go in the Civil Law Reform Bill, which is due for publication in draft later in the year.
- For more information, please contact Ministry of Justice Press Office on 020 3334 3536.
Sign up for news updates
Enter email:
