MyClaim - We're here to help

Government Releases Proposed Changes to Personal Injury Law

Back to Press Releases

The responses to the government’s 2007 consultation, ‘The Law on Damages’, which were released last month (July 2009) propose a number of changes to the law, which will widen the categories of Claimants that can bring claims for compensation.

The most significant changes will be to the Fatal Accidents Act 1976. Currently, the people entitled to claim compensation are restricted to a list of relatives set out by the 1976 Act. Under the new proposals the ability to claim as a dependant of the deceased person will be extended to include ‘any person who was being wholly or partly maintained by the deceased person immediately before the death’.

The government also intends to increase the category of Claimants entitled to bereavement damages. These will include unmarried fathers with parental responsibilities, children of the deceased under 18 years of age and co-habitees of two years. Currently claims can only be made by the spouse or civil partner of the deceased or, where the deceased was under 18 and unmarried, his or her parents (where married) or mother (where unmarried).

The Government has conservatively estimated that these changes will lead to an additional £5.5 million being successfully claimed each year.

Whilst MyClaim can only support the widening of access to Justice, it echoes the views expressed by the Association of Personal Injury Lawyers, that the proposed changes do not go far enough. These proposals have been eagerly awaited for the past two years, and it was hoped by Claimant lawyers that the Government would grasp the opportunity to make real and fundamental changes to ensure equity for Claimants.

John McQuater, President of the Association of Personal Injury Lawyers, said: ‘In all my years of practice, I can rarely remember waiting so long for so little’. He further added: ‘The government hasn’t understood that the current level of bereavement damages is seen as an insult by many people.’

Perhaps most disappointing is the fact the Government has not even considered making changes to increase damages for pain, suffering and loss of amenity; in line with the Law Commission’s recommendations. It is considered by many that the damages for these heads of
claim currently fall far short of compensating victims for such significant losses.

It was also hoped that the government would address at this juncture, the concept that the Defendant should pay for care provided by public bodies, however the government has decided to consult further on this issue.

Unfortunately, no amount of monetary compensation will ever adequately compensate for the loss of a loved one or the loss of health, but MyClaim can assist in helping Claimants obtain the maximum amount of compensation they are entitled to. Our panel lawyers are specialists in the field of personal injury law, and will ensure that the claim is given the best chance of success. Importantly Myclaim can offer a ‘no win no fee basis of funding’.

• Proposed_Changes_to_Personal_Injury_Law.doc