“Unsympathetic” approach to bereaved families should be reformed
Association of Personal Injury Lawyers (APIL) president Kim Harrison called for reform of how bereaved families are treated by the law when they lose a loved one through someone else’s negligence.
The way “family Is currently defined in law is outdated and means that many of those bereaved are denied damages.
Until 2020 Bereavement damages were only available for a surviving spouse of civil partner of parents of children under 18. In October 2020 the law changed to include an unmarried partner as long as they had been cohabiting for at least 2 years.
This reform did not go far enough. There are still family members who are not eligible including fathers of “illegitimate children”, parents of children over 18, children who have lost a parent and grandparents and siblings.
Kim Harrison said in her blog “APIL continues to implore the Government to bring the bereavement damages system into the 21st century by following Scotland’s lead, which offers no fixed amount for bereavement damages and instead assesses each death on a case-by-case basis. Scotland also recognises the closeness of various family members, including those not eligible under the England and Wales system – such as unmarried fathers, or adult children”
At Gotelee we are all too aware of the devastation the loss of a loved one in an accident can cause. The current law is unfair and needs to be reformed to recognise the modern day family structure.
If you or a loved one has been injured in an accident then we can help. Contact Sian Mullane 01473 298134
