Section 4Part 2 — Fatal Accidents
Action to be for benefit of dependants
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Every action brought under section 3 shall be for the benefit of a dependant or dependants of the person whose death has been so caused and shall be brought in the name of that person’s personal representatives; and in every such action the court may give such damages as it thinks proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action is brought; and the amount so recovered after deducting the costs not recovered from the defendant shall be divided among the aforementioned parties in such shares as the court shall find and direct: Provided that not more than one action shall lie for and in respect of the same subject matter of complaint and that every such action shall be commenced within one year of the death of such deceased person.
In any such action damages may be awarded in respect of the funeral expenses of the deceased person if such expenses have been incurred by the parties for whose benefit the action is brought.
Cross References
- Section 3 of Torts Reform Act
Actions brought under section 3