Bringing a Claim for Compensation on Behalf of a Deceased Person

Very often we read articles in the press relating to an Inquest or other formal investigation into the death of an individual at work or in a hospital setting.

Following such an untimely death the Executor(s) or Personal Representative(s) of the Estate of the deceased or in some instances a member of the Deceased’s family can pursue an action for Damages for loss and death.

The law is well established in this area.

Such actions are pursued in Common Law and under and by virtue of the provisions of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937 and, if the death arises out of the event, under and by virtue of the provisions of the Fatal Accidents (Northern Ireland) Order 1977.

Normally such claims are brought by the Executors in the Estate of the deceased where the deceased had made a Will, or by the Personal Representatives of the Deceased who had not made a Will.

On occasions, the Executors or Personal Representatives refuse to initiate legal proceedings. This can be for a variety of reasons, to include the modest value/limited financial resources of the Estate and/or not wishing to diminish the value of the Estate by exposing it to legal costs of an unsuccessful Action.

Sometimes and more rarely, the Executors and/or Personal Representatives do not wish to involve themselves in a legal Action.

In circumstances where the Executor or Personal Representatives do not wish to initiate legal proceedings then a member(s) of the Deceased’s family and/or those who stand to inherit under the Residuary Estate or under the rules of intestacy, can initiate proceedings.

In those circumstances any Damages which may be awarded have to be distributed under the terms of the Deceased’s Will or under the rules of intestacy, whichever applies.

We take instructions on claims of this nature on a regular basis. The team at PA Duffy Solicitors will be glad to assist you with any query you might have.