Fatal Injury Claims in Ireland

If a family member has died following an accident, it can be difficult to know what practical and legal steps need to be taken. This page explains, in general terms, how fatal injury claims are dealt with in Ireland.

Injured.ie is operated by Lalloo Solicitors, a Dublin law firm advising clients in personal injury and litigation matters. This page is for general information only. Legal advice should be taken in relation to individual circumstances.

What is a fatal injury claim?

A fatal injury claim may arise where a person’s death was caused by the wrongful act, neglect or default of another party.

In Ireland, fatal injury claims are mainly dealt with under Part IV of the Civil Liability Act 1961. The claim is brought for the benefit of the deceased person’s dependants.

The facts of each case will determine whether a claim can be brought, who should bring it, what evidence is needed and what losses may be considered.

Who brings a fatal injury claim?

A fatal injury claim is usually brought by the personal representative of the deceased person.

If there is no personal representative, or if the personal representative has not brought a claim within six months of the death, the claim may be brought by all or any of the dependants.

Only one action may be brought against the same person in respect of the death. The action is brought for the benefit of all dependants.

Who may be a dependant?

A dependant is generally a family member who has suffered injury or mental distress as a result of the death.

Depending on the circumstances and the applicable legislation, dependants may include:

• spouse;
• civil partner, where applicable;
• parent;
• child;
• grandparent;
• grandchild;
• step-parent;
• step-child;
• brother;
• sister;
• half-brother;
• half-sister;
• certain other family members or persons covered by the relevant legislation.

The exact position should be checked in each case.

Time limits in fatal injury claims

Strict time limits apply in fatal injury claims.

In general terms, an action under section 48 of the Civil Liability Act 1961 must be brought within two years from the date of death or the date of knowledge of the person for whose benefit the action is brought, whichever is later.

Limitation issues can be complex, especially where there are several dependants, delayed knowledge, minors, disability, an inquest, criminal investigation, or uncertainty about the cause of death. Legal advice should be taken as early as possible.

What can be claimed?

The damages in a fatal injury claim depend on the facts and evidence. They may include:

• financial loss or dependency;
• funeral expenses;
• other vouched expenses arising from the death;
• mental distress damages, where recoverable;
• other losses permitted by law.

The value and structure of a fatal injury claim depends on the family circumstances, the deceased person’s circumstances, the evidence available and the applicable law.

Financial dependency

Financial dependency may arise where dependants relied on the deceased person’s income, services, care, support or other contributions.

Relevant evidence may include:

• payslips;
• Revenue records;
• pension records;
• social welfare records;
• household bills;
• bank records;
• childcare or care arrangements;
• details of services or support provided by the deceased;
• actuarial evidence, where required.

Funeral expenses and other expenses

Families should keep receipts, invoices and records of payments connected with the death and funeral arrangements.

Examples may include:

• funeral director invoices;
• burial or cremation costs;
• memorial expenses, where relevant;
• travel expenses connected with arrangements;
• inquest-related expenses, where relevant;
• medical or expert report costs, where relevant;
• other vouched expenses arising from the death.

This list is not exhaustive.

Evidence in fatal injury claims

Evidence is very important in fatal injury claims. The type of evidence required will depend on how the death occurred.

Relevant evidence may include:

• death certificate;
• medical records;
• post-mortem or coroner-related documentation, where available;
• Garda reports or Pulse records, where relevant;
• accident reports;
• photographs or video evidence;
• witness details;
• insurance correspondence;
• employer records in workplace accident cases;
• Health and Safety Authority material, where relevant;
• engineering or expert evidence;
• financial records showing dependency or loss;
• funeral and expense receipts.

Fatal road traffic accidents

A fatal road traffic accident may involve drivers, passengers, pedestrians, cyclists, motorcyclists or other road users.

Relevant evidence may include Garda records, insurance correspondence, vehicle damage evidence, photographs, dashcam footage, CCTV, witness details, medical records and coroner-related documentation.

Fatal workplace accidents

Where a fatal accident occurs at work, relevant evidence may include employer accident reports, Health and Safety Authority involvement, training records, risk assessments, method statements, witness details, photographs, machinery records and expert engineering evidence.

Fatal accidents in public places

Fatal accidents can also arise in public places, including roads, footpaths, shops, supermarkets, petrol stations, farms, construction sites or other premises.

Liability evidence may include photographs, inspection records, cleaning records, maintenance records, warning signage, CCTV, witness evidence and expert evidence.

What happens if liability is denied?

In some fatal injury claims, liability may be denied. This means the other party or their insurer disputes responsibility for the accident or the death.

Where liability is disputed, evidence becomes particularly important. It may be necessary to obtain records, witness statements, expert reports or other documents before the claim can be properly assessed.

How Lalloo Solicitors can assist

Lalloo Solicitors can advise families on the general steps involved in a fatal injury claim, including who may bring the claim, what evidence may be required, what documents should be preserved, and how the claim process may progress.

If you wish to contact the office, you can provide a short summary of what happened. No solicitor-client relationship arises unless Lalloo Solicitors confirms its appointment in writing.

Contact Our Office

Frequently asked questions

Official resources

The following official resources may be useful for general information about fatal injury claims and related legal provisions. They are external sources and should not be treated as legal advice on an individual case.

• Civil Liability Act 1961, section 48 — fatal injury actions
• Civil Liability Act 1961, section 47 — dependants and family members
• Civil Liability Act 1961, section 49 — damages and expenses

For fatal workplace accident cases, information about statutory accident reporting may also be relevant:

• Health and Safety Authority — Accident and Dangerous Occurrence Reporting