It is not uncommon for someone who has suffered serious personal injuries in an accident to die as a result of them. Sometimes, however, the death which results from the injury may occur years after the injury itself. When injuries are incurred which may lead to death in the relatively near future, one of the problems which arises is whether a claim for compensation should be brought whilst the injured person is still alive or after their death.

The Fatal Accidents Act 1976 allows the dependants of a person fatally injured in an accident to bring a claim for compensation. However, if an injured person brings an action for damages against the person responsible for the accident and this is settled prior to death, the dependants cannot then bring a claim under the Act.

Recently, a woman who died of cancer after her GP mistakenly diagnosed a malignant tumour in her breast as benign settled her negligence claim against the GP for £120,000. She died two years after the settlement. Her family sought to make a claim under the Act after her death. The court rejected the claim.

In similar circumstances, it would make sense to make a claim for an interim payment based on the value of the lifetime award and adjourn the claim until after the death of the victim. The Government is said to be reviewing this area of the law with a view to ensuring that the rights of dependants of the deceased are not extinguished by a settled claim.