Q&As

What level of general damages can be awarded following a suicide where the claimant took her own life while on a mental health ward and the health establishment were supposed to provide round-the-clock monitoring?

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Published by a UUÂãÁÄÖ±²¥ PI & Clinical Negligence expert
Published on: 31 October 2016
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Claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976

When the victim of a personal injury action has died prior to trial, claims can be brought under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) for the benefit of the deceased’s estate, and under the Fatal Accidents Act 1976 (FAA 1976) on behalf of the dependents of the deceased. These claims can be pursued separately, but are often brought in tandem.

A claim brought for the benefit of the deceased’s estate is founded on the continuation of the cause of action to which the deceased was entitled the instant before they died. Such a claim can be brought for General damages for the deceased’s pain, suffering and loss of amenity before death. The award of these Damages is intended to compensate the Claimant for the pain and suffering attributable

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
General damages definition
What does General damages mean?

damages assessed to compensate a claimant for damage or loss other than financial loss.

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