Compensation for Fatal Injuries Increased

The maximum amount that can be awarded for mental distress to the surviving family members arising out of fatal injury to another family member has recently been increased to €35,000.00.

Formerly fixed at €20,000.00, this is commonly known as 'tear money' or in legal terms as a 'solatium'. It is based on the principle that no money is going to compensate for the loss of a loved one and it is no one's interest to have to come to court to try and maximise that amount. This sum is the aggregate maximum and so must be divided among survivors. However, it is not the only head of claim in a fatal accident case: For instance, dependents can claim for the loss of earnings a working parent would have brought into the family unit had he or she lived. Equally, a homemaker's contribution can be assessed in financial terms.

Brian McGrane is a very experienced personal injury lawyer who can assist in guiding how to achieve the full benefit of the law following accidents. He can be contacted on 01 8735012 or at bmcgrane@mcgrathmcgrane.ie