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A not-for-profit organisation
committed to injured people
A not-for-profit organisation
committed to injured people

Many relatives “totally disregarded” by law on bereavement

02 Nov 2022
APIL news

Justice for bereaved families in England and Wales trails behind the rest of the UK, lawyers have warned.

“When someone is killed at work or on the road because of someone else’s negligence, some relatives are eligible for compensation to help atone for their loss,” explained John McQuater, president of the Association of Personal Injury Lawyers (APIL) which represents injured people and bereaved families.

“But the system is out-of-touch and needs proper reform if it is ever to deliver justice for grieving relatives,” he said.

“In England and Wales, your loved one’s life costs the wrongdoer just £15,120. It is literally cheaper for a negligent employer to kill employees than to maim them,” Mr McQuater explained.

“The situation is worse here than the rest of the UK. Northern Ireland’s system is not much better but the justice department is at least making inflationary increases to the statutory sum paid, and has increased it this week to £17,200*.

“The list of family members who are eligible for bereavement compensation is far too rigid, and out-of-touch. Only bereaved spouses, civil partners, and parents of under-18s, and couples living together for more than two years are eligible,” he went on.

“A sibling or step-parent might be the closest relative someone has, and these relationships are totally disregarded.

“The Scottish system manages to have no problem with making case-by-case decisions and paying meaningful compensation amounts to people who are bereaved because of the needless deaths of their loved ones. There is no valid reason we can’t have that here,” he said.

-ends-

Notes for editors:

  • *The Department of Justice has made an inflationary increase to the amount of statutory bereavement damages prescribed under Article 3A(3) of the Fatal Accidents (Northern Ireland) Order 1977, please find the link to the Damages for Bereavement (Variation of Sum) Order (Northern Ireland) 2022, which came into operation on 1 November: https://www.legislation.gov.uk/nisr/2022/243/contents/made
  • The Association of Personal Injury Lawyers (APIL) is a not-for-profit campaign group which has been committed to injured people for more than 30 years. Our vision is of a society without needless injury but, when people are injured, they receive the justice they need to rebuild their lives.  We have more than 3,200 members who are committed to supporting the association’s aims, and all are signed up to APIL’s code of conduct and consumer charter.  Membership comprises mostly solicitors, along with barristers, legal executives, paralegals and some academics.
  • Direct any queries about this press release to APIL's communications manager Jane Hartwell on t: 07541 490988, e: [email protected] or press and communications assistant Asher Mayers-Thompson on t: 07808 768623, e: [email protected]

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