Lawyer 'embarrassed' over level of compensation for bereavement

Neil Lorimer, head of the personal injury team at Lanyon Bowdler, is calling for more consistency in the level of damages available within the UK and said that loss of life should be viewed more in line with awards made in personal injury cases.

“Bereavement damages are simply not fit for the century we are living in,” he said.

“They need to be addressed and brought more into line with other areas of compensation claims.

“I have conducted many fatal accident cases over the course of the last 30 years and I quite frankly find it embarrassing to have to advise the bereaved spouse or parent, as I had to do only in the last week or so, that the award of damages for bereavement is fixed at £12,980.

“It is equivalent to the sort of award that would be made for a moderate hand or arm injury.

“This compares to the most serious award of damages for pain and suffering in a personal injury case for those who sustained very severe brain damage or tetraplegia for which the maximum award is £354,260.

“Northern Ireland and Scotland are separate legal jurisdictions in the United Kingdom and it was recently announced that statutory compensation for bereaved close family in Northern Ireland would increase to £15,100.

Overtaken

“This followed a successful campaign by the Association of Personal Injury Lawyers in 2016, which resulted in an initial increase in bereavement damages from £11,800 to £14,200."

He said the increase had been possible because of the devolved power to the Northern Ireland Department of Justice.

As a result the statutory amount in Northern Ireland has since overtaken England and Wales, where the amount remains £12,980.

Mr Lorimer added: “In Scotland an award is made on grounds of distress and anxiety, grief and sorrow, and loss of guidance.

“Awards to family members depend on the closeness of the relationship with the deceased, the life expectancy of the deceased and the circumstances of each case is considered on an individual basis rather than a prescribed figure for statutory bereavement damages.

“Awards can run into six figures which is a long distance from the award in England and Wales.

“As well as an award for bereavement damages certain categories of financial dependants of the deceased can claim damages for loss of financial dependency which would include compensation to replace part of the earnings of the breadwinner.

“It is unfair that victims of family bereavement should be treated so differently in England and Wales and I would like to see more consistency across the four countries of the UK.

“I am also calling for loss of life damages to be made more comparable with awards made in personal injury cases.”