January-13-2014 in Healthcare Law
The long mooted increase to the limit for an award of solatium in fatal injury cases to €35,000 was introduced on 11 January 2014.
A fatal injury claim is one which is brought by the dependants of a person who has died as a result of the alleged wrongful act of another. Such claims are provided for under Part IV of the Civil Liability Act 1961 (as amended). Solatium is an award of compensation for mental distress. The Act sets out the maximum amount of solatium which can be awarded to the dependants of a deceased person in a fatal injury claim. This sum increased from €25,394.76 to €35,000 with effect from 11 January 2014. The increased sum will apply in cases where the alleged wrongful death occurs on or after 11 January 2014.
This increase has been designed to reflect increases in the cost of living since the last increase in solatium in 1996. This change has been implemented by way of Ministerial Order (SI No 6 of 2014).
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