Practical guidance on how to assess dependency under the FAA 1976
he Fatal Accidents Act 1976 allows relatives of people killed by the wrongdoing of others to recover damages under three heads; Dependency claims, bereavement claims and funeral expenses.
This session will focus on dependency claims, a claim for economic loss which can be made by a restricted class of "dependant" as defined in s.1(3) of the Act.
During this 30-minute session experienced lecturer Nicky Carter will concentrate on three areas:
1) Who is a dependant under the act?
2) Establishing the financial dependency
3) When is dependency crystallised?
In doing so, viewers will be made aware of the following:
• The categories of dependent in s.1(3)
• The further requirements before potential dependents are able to pursue dependency claims
• The evidence needed to establish a financial dependency
• The relevance of cultural and community expectations to dependency claims
• The relevant time when the dependency is established
• The latest arguments concerning the position of co-habitees and the provisions of the FAA
• The relevance and arguments surrounding the Harris v Empress Motors formula for assessing dependency
• The latest arguments relating to Services claims and claims for intangible benefits
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