A change to the law of bereavement damages in England and Wales has come into effect.
The Fatal Accidents Act 1976 was amended to allow a claim for bereavement damages by the cohabiting partner of the deceased, as long as the couple had cohabited for at least two years before the date of death.
Scott Haslam, clinical negligence solicitor at Wake Smith, looks at the change in the law which will apply to causes of action which accrue on or after 6 October this year.
Scott said: “A Statutory Bereavement Award is payable to certain individuals when someone else dies as a result of negligence. It essentially represents an acknowledgement of that person’s bereavement and is separate to any claims which may be brought by dependents for lost financial provision or services.
“The government had been looking at changing the law since 2017, following the Court of Appeal’s Judgment in the case of Jacqueline Smith vs Lancashire Teaching Hospitals NHS Foundation Trust.
“After Ms Smith’s partner had died, she pursued a claim against Lancashire Teaching Hospitals NHS Foundation Trust. Yet, Ms Smith was not entitled to bereavement damages because they were not married at the time of her partner’s death.
“These changes represent a major step forward as cohabitees, of two years or more, can now claim a Statutory Bereavement Award where their partner has died of negligence.
“It has, however, led the sector to question whether this is a missed opportunity to overhaul the Fatal Accidents Act 1976. For instance, the Act still does not provide for bereavement damages for parents of unmarried adult children, or adult children where a parent has died.”
Under the Fatal Accidents Act 1976, a Court can award bereavement damages where a death has occurred as a result of negligence. This is a statutory award which was raised in May this year and is currently set at £15,120.
However, prior to its amendment, Section 1A of the current legislation made it clear that the award was only available to the wife, husband or civil partner of the deceased, or the parents of a deceased child, assuming they were a minor and had not married.
Until the changes this October, there was no provision for bereavement damages to be paid to the deceased’s unmarried partner, even if they had been cohabiting for many years.
Wake Smith is fully operational during the COVID-19 pandemic.
For further information please contact Scott Haslam at [email protected]
