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An adult man is killed in a car accident. A woman is liable in negligence for causing the accident and the man’s death. The man was married at the time of his death and is survived by his wife and their one-year-old son. The man is also survived by both his parents. The man’s wife, son, and parents are all dependent on the man. The man had made a will leaving all his estate to his wife and son.
Who is entitled to claim bereavement damages for the man’s death under the Fatal Accidents Act 1976?
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Under the Fatal Accidents Act 1976, bereavement damages can be claimed by specific categories of individuals. In the case of a deceased adult, only the spouse or civil partner is entitled to claim bereavement damages. Therefore, the man’s wife is the only person entitled to claim these damages for his death. The Act does not extend bereavement damages to children or parents of the deceased.
Key Point: Bereavement damages under the Fatal Accidents Act 1976 are limited to specific relationships. For an adult deceased, the entitlement is restricted to the spouse or civil partner, reflecting the close personal loss experienced by these individuals.
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