When a wrongful death occurs as a result of the negligence of another party, two (2) separate causes of action arises;
- claim by the estate
- claim by the dependants
A claim by the estate will include loss of earnings by the deceased up to the time of his death, funeral expenses, costs of letters of administration and other pecuniary losses. A claim for the future loss of earnings has been abolished since May 1987.
A claim by the dependants, even though derivative in nature, can be brought against the other negligent party. The dependants can bring a claim, including for bereavement, funeral expenses, and for loss of inheritance. A dependant can include the following:
- Spouse
- Children, minor or adult
- Legal wards
- Parents
- Blood relatives
- Lineal descendants
- Adoptive siblings
- Child born out of wedlock of a mother
- Child born out of wedlock of a father if he has recognised responsibility
Though the recoverable damages will vary according to the relationship of the survivor to the wrongful death victim, all potential beneficiaries must be listed in one suit against the wrongdoer or the wrongdoer’s estate and brought to court by the victim’s personal representative.
The court will then decide what damages the victim’s estate and each survivor will be entitled to be compensated. The claim made by the dependants will be dependent upon the age of the dependant, his abilities, educational abilities and his needs. The wrongdoer has to compensate the dependant what the deceased would be paying the dependant in the event the deceased was alive. The award for brain damages has now been revised with the new Actuarial Tables for Personal Injury and Death Claims 2021. The number of years to be applied can now be found in the Actuarial Tables. The link to be table can be found HERE.
We at COSMASLLC will explain and attempt to obtain as much compensation for you and your loved ones as a result of the death of the deceased.