Did you know that if you are the family member of a person who has been killed as the result of a car crash or accident at work, you may be entitled to sue the 3rd party driver or employer for negligence? These types of cases are dealt with under the Civil Liability Act of 1961 Sections 48 & 49. Awards of damages i.e. Compensation allowed in these cases is sometimes referred to as Solatium. They can be brought by the direct family members related to the deceased. For example: –
If John is the fatal victim of a tragic car crash and has living parents, sisters, brothers, nieces/nephews, a wife and children, each directly related person is entitled to bring a claim if negligence has arisen against the 3rd party driver or employer.
One such example is the case that was brought by the members of families after a number of young people were killed in one of our States most tragic accidents which occurred on the 8th of October 2005 at Cross, Quigley Point, County Donegal.
One of the families was awarded €205,000 and another family was awarded €225,000 by the High Court in November of last year.