Fatal Accidents – legal entitlements
In the case of a person suffers personal injury of such degree that they die of the injuries where liability (or fault) would lie in favour of the injured person, namely, where some otherperson is at fault for the injuries, the injured person’s right of action for compensation for pain and suffering ceases with the death of the injured person.
However, in these cases, under the Civil Liability Act 1961, a right of action continues, on the death of the injured person, in favour of the dependents(relatives) of the deceased person.
The method for the assessment of damages will differ from those applicable to a claim for ordinary personal injuries.
Instead, damages are calculated by reference to the Civil Liability Act in the sum of €25,394
Other headings of claim can be added to this namely financial loss to the dependents of the deceased person, arising from the death.
Loss arising from the absence of income would make up, by and large the greater share of this loss.
Funeral and travel expenses are recoverable.
In such cases the settlement of any such cases must be approved by the courts.
If you’d like further advise on this topic please contact Paul Tracey Solicitors at 01 8745656
or e mail law@traceysolicitors.ie
Ward of Court – What’s it all about?
What is a Ward of Court?
When a person is unable to manage his assets because of a mental incapacity an application may be made to the High Court to have this person made a Ward of Court. The Judge will then make a decision whether the person is in fact capable of managing his or her own property and if they decide they are not capable the person is taken into wardship and a committee is appointed. The purpose of the Committee is to control the Wards property and make decisions in relation to same on behalf of the Ward.
When is a person made a Ward of Court?
To be made a Ward of Court a Court must be satisfied that the person is of unsound mind and incapable of managing his or her own affairs.
Wards of Court –what’s it all about?
Wardship is a legal solution to dealing with the affairs of a person who for one reason or another is unable to manage such matters. In order for wardship to come into effect an application is made to the High Court by a person (called the Petitioner) to hold an inquiry as to whether the person who is unwell (who is referred to as the Respondent) is of unsound mind and incapable of managing his or her personal property.
An application must be accompanied by two Doctors reports and Affidavits. Two separate Doctors must examine the proposed Ward and determine whether in their opinion the person is or is not capable of dealing with their own affairs.
When preparing to make an application the following information should be assembled about the Ward:
-His or her medical condition.
-His or her next of kin.
-A list of his or her assets.
-Details of his or her income.
A solicitor can assist prepare the application and the Court will then make a decision as to whether or not to conduct an enquiry. If the court decides the person is capable of managing their affairs the application will be rejected.
Should the Court decide that an enquiry is required the proposed Ward is then examined by a Doctor appointed by the High Court.
If the Court decides that the person should be made a Ward of Court a committee is appointed to deal with their affairs.
The committee is the person or persons under whose care the Ward is committed.
The scheme offers a solution to difficulties that arise as a result of unexpected illnesses where the finances of the sick person can be managed in an effective manner, whilst also providing the protection of the court of such assets.
For further information or assistance please feel free to contact Paul W Tracey Solicitors at 01 8745656 or e mail law@traceysolicitors.ie
