Q&As

Are bereavement damages subject to a deduction for contributory negligence on the part of the deceased?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on: 19 February 2018
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Bereavement Damages are entirely a creature of statute, governed by the provisions of the Fatal Accidents Act 1976 (FAA 1976). The entitlement to make a claim derives from FAA 1976, s 1A(1) (an action under this Act may consist of or include a claim for damages for bereavement).

The narrow category of individuals who are entitled to claim bereavement damages is defined in FAA 1976, s 1A(2) and is limited to the wife, husband or civil partner of the deceased and, where the deceased was a Minor and never married or a civil partner, the parents or the mother if the child was

Peter Edwards
Peter Edwards

Devereux Chambers

Peter Edwards is one of the few senior practitioners with a specialism and a thriving practice in both of the complimentary fields of employment law and personal injury. "Noted for cases at the intersection of personal injury and employment law" by Legal 500 2017, he has extensive experience of dealing with ' and cross-examining ' medical experts and is at a particular advantage when dealing with cases involving both areas of law (for example, stress-at-work/workplace injury cases in the High Court and Disability Discrimination claims in the ET and at Appellate-level). He is ranked in both major Directories in personal injury and employment: "He's excellent. If it's a difficult case he'll handle it with absolute aplomb." ' Chambers UK 2017. "He is able to give to provide accurate, focused and succinct advice." ' Legal 500. 'His attention to detail and ability to get to the crux of a case are second to none.' 'Decisive, down-to-earth and robust.' -Chambers UK 2018.

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

The monetary compensation awarded by law to a person for the legal wrong done to him.

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