Fatal Accidents Act 1976
| Jurisdiction | UK Non-devolved |
((2) Subject to section 1A(2) below, every such action shall be for the benefit of the dependants of the person (“the deceased”) whose death has been so caused.the wife or husband or former wife or husband of the deceased;the civil partner or former civil partner of the deceased;was living with the deceased in the same household immediately before the date of the death; andhad been living with the deceased in the same household for at least two years before that date; andwas living during the whole of that period as the husband or wifeF12or civil partner of the deceased;any parent or other ascendant of the deceased;any person who was treated by the deceased as his parent;any child or other descendant of the deceased;any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.(4) The reference to the former wife or husband of the deceased in subsection (3) (a) above includes a reference to a person whose marriage to the deceased has been annulled or declared void as well as a person whose marriage to the deceased has been dissolved.(4A) The reference to the former civil partner of the deceased in subsection (3) (aa) above includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved.any relationship F13by marriage or civil partnership shall be treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the stepchild of any person as his child, andthe legitimate child of his mother and reputed father, orin the case of a person who has a female parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, the legitimate child of his mother and that female parent.(6) Any reference in this Act to injury includes any disease and any impairment of a person’s physical or mental condition.(1) An action under this Act may consist of or include a claim for damages for bereavement.of the wife or husband F14or civil partner of the deceased; of the cohabiting partner of the deceased; andof his parents, if he was legitimate; andof his mother, if he was illegitimate.was living with the deceased in the same household immediately before the date of the death; andhad been living with the deceased in the same household for at least two years before that date; andwas living during the whole of that period as the wife or husband or civil partner of the deceased.(3) Subject to subsection (5) below, the sum to be awarded as damages under this section shall be F18£15,120.(4) Where there is a claim for damages under F21subsection (2) (a) and (aa) , or under subsection (2) (b) , for the benefit of F22more than one person, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant) .(5) The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament, amend this section by varying the sum for the time being specified in subsection (3) above.(1) The action shall be brought by and in the name of the executor or administrator of the deceased.there is no executor or administrator of the deceased, orno action is brought within six months after the death by and in the name of an executor or administrator of the deceased,(3) Not more than one action shall lie for and in respect of the same subject matter of complaint.(4) The plaintiff in the action shall be required to deliver to the defendant or his solicitor full particulars of the persons for whom and on whose behalf the action is brought and of the nature of the claim in respect of which damages are sought to be recovered.(1) In the action such damages, other than damages for bereavement, may be awarded as are proportioned to the injury resulting from the death to the dependants respectively.(2) After deducting the costs not recovered from the defendant any amount recovered otherwise than as damages for bereavement shall be divided among the dependants in such shares as may be directed.(3) In an action under this Act where there fall to be
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