Amendment To The Fatal Accidents Act

Section 8 of the Fatal Accidents Act ("FAA") enables parents, children, and the spouse of a deceased person killed by a wrongdoer to receive compensation. The FAA requires a court to award damages for "grief and loss of guidance, care and companionship of the deceased person" without reference to any other award, and without evidence of damage.

Since 2002 the entitlement under the FAA has been as follows:

• $75,000 to the parent or parents of the deceased person to be divided equally if the action is brought for the benefit of both parents;
• $75,000 to the spouse or adult interdependent partner (must be residing together at the time of death); and
• $45,000 to each child of the deceased person.