Damages in Living & Fatal Claims - A Guide for Industrial Disease Lawyers

Introduction

It is a relatively common occurrence in industrial disease claims (especially in asbestos litigation) that if a client passes away during the progression of their claim, the claim will then be continued on behalf of the deceased's estate and dependents.

This webinar will examine the differences in practical terms between fatal and living claims so that practitioners have the necessary tools to advise clients on the potential differences in recovery if they settle in-life as opposed to their estate/dependents settling posthumously.

This webinar will also look at the statutory basis of fatal claims and examine how heads of loss are approached for the deceased's estate and dependents. There will be a detailed comparison of heads of loss in living claims and fatal claims plus consideration of the appropriateness of seeking a full and final damages award or, alternatively, a provisional damages settlement.

What You Will Learn

This webinar will cover the following:

• Key differences between how fatal and living claims are valued in practical terms
• Consideration of the statutory basis for fatal claims namely the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions Act 1934)
• Heads of loss in living claims
• Heads of loss in fatal claims, for the dependents and estate in accordance with the FAA 1976 and LR(MPA) 1934
• Tactical considerations when advising a poorly client whether to settle in-life or for the benefit of his estate/dependents posthumously
• The approach of the Court with reference to Andreou v S Booth Horrocks & Sons Ltd
• Whether to recommend provisional damages or full and final damage in the context of asbestos litigation

This webinar was recorded on 24th September 2024

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