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Introduction

This PrACTice Note explains the Applicable law and procedure where a party dies during the course of a Personal injury Claim or at the pre-action stage.

It covers the following points:

1. •

   the legal basis upon which personal injury claims can survive the death of a claimant or a defendant

2. •

   limitation

3. •

   the various losses in respect of which a claimant’s estate can recover

4. •

   practical steps that ought to be taken depending on whether the deceased was a claimant or defendant including:

   1. â—¦

      identifying the parties and whether Personal Representatives are in place

   2. â—¦

      client care and funding

   3. â—¦

      dealing with evidence (Civil Evidence Act notices)

5. •

   payments made into court

6. •

   the applicability of the protocols for low-value claims

This Practice Note does not cover cases in which the original claimant’s death was caused by the tort in question, resulting in a potential claim for the benefit of his or her dependents under the Fatal Accidents Act 1976. This area