Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Ireland, what many people call wrongful death is known in law as a fatal injuries action. It is a civil claim that allows the dependents of a person who has died because of another party's negligence or breach of duty to seek compensation. Residents of Midleton and East Cork use the same national legal framework as the rest of Ireland, but practical steps often involve local services such as the Cork City and County Coroner, An Garda Siochana in the Cork North or South divisions, and the Cork courts.
Typical circumstances include road traffic collisions, workplace accidents, unsafe premises incidents, defective products, medical care that falls below accepted standards, and criminal acts. A fatal injuries claim is not about criminal guilt. It is about financial support and limited recognition of grief for those left behind.
A fatal injuries case involves multiple legal and procedural steps at a time when families are grieving. A solicitor can take carriage of time limits and formal notices, deal with insurers and state bodies, and protect your position while you focus on arrangements and family. Calculating loss of financial dependency and the value of lost services can be complex and often requires actuarial and vocational evidence. Where there are several dependents, a lawyer ensures that the single action allowed by law is properly brought and that the court has the information it needs to divide any award fairly.
Inquests, workplace investigations, and Garda or health service inquiries can run in parallel with a civil claim. A solicitor can liaise with these processes, gather and preserve evidence, instruct appropriate experts, and advise you on strategy. If medical negligence is alleged, specialist litigation steps are required and an early legal review is important. If an uninsured or untraced driver is involved, a lawyer can guide you through the Motor Insurers Bureau of Ireland process. If the alleged wrongdoer is a public body, your solicitor will manage the specific pre action protocols and evidence requirements that apply.
The Civil Liability Act 1961 sets out who may bring a fatal injuries action and what can be recovered. Only one action may be brought. It should be taken by the deceased's personal representative within the first six months after death. If no action is brought in that period, one or more statutory dependents may bring the claim. Dependents include a spouse or civil partner, a qualifying cohabitant, children, parents, grandparents, grandchildren, step relations, siblings, and persons who stood in loco parentis, provided they suffered a pecuniary loss because of the death.
There is a two year limitation period for issuing a fatal injuries action, generally running from the date of death. There are narrow exceptions and special considerations, so early advice is essential. A separate one month letter of claim requirement applies under the Civil Liability and Courts Act 2004. If a letter is not sent in time, the court may take that into account on costs, even if you ultimately win.
Heads of recoverable loss usually include funeral and related expenses, loss of financial dependency based on the deceased's likely future earnings and benefits, loss of services such as childcare and household work, and a statutory award for mental distress. The mental distress award is subject to a national cap set by ministerial order and is shared among eligible dependents. The court decides how to apportion all recoveries among the dependents in a way it considers just.
The Personal Injuries Assessment Board process applies to most fatal injuries claims and stops the limitation clock when a complete application is lodged. Clinical negligence claims are not assessed by the Board and proceed directly by way of court proceedings after appropriate pre action investigations. Contributory negligence, where the deceased is found partly at fault, can reduce the award proportionately.
Deaths in the workplace are investigated by the Health and Safety Authority, and sudden, unexplained, or certain accidental deaths are reported to the Coroner under the Coroners Acts. Any inquest focuses on who the deceased was and how, when, and where the death occurred. It is not a forum to apportion civil or criminal liability, but its findings and evidence can be important for a civil claim. Road traffic deaths may involve Garda investigations and insurer participation, or the Motor Insurers Bureau of Ireland if an uninsured or unidentified vehicle is involved.
Only one fatal injuries action may be brought. During the first six months after death, it must be brought by the personal representative of the deceased on behalf of all dependents. After six months, if no action has been started, one or more dependents may bring it. The court will ensure all known dependents are accounted for before approving any settlement or making an award.
Dependents include a spouse or civil partner, a qualifying cohabitant who lived with the deceased as a couple for a sufficient continuous period, children including step and adopted children, parents and persons who stood in loco parentis, grandparents, grandchildren, and siblings. A person must also have suffered a financial loss because of the death to be treated as a dependent for compensation purposes.
Recoverable losses typically include funeral and related expenses, a statutory award for mental distress shared among eligible dependents, loss of financial dependency based on the deceased's earnings and benefits less their own living expenses, and loss of services such as childcare, household management, and care for vulnerable family members. Each case turns on its facts and evidence.
The general time limit for a fatal injuries action is two years from the date of death. Different rules can apply where the identity of the wrongdoer was not known or where criminal investigations affect timing. The safest course is to get legal advice immediately so key notices are served and the limitation period is protected.
Most fatal injuries claims must first be submitted to the Board. Submitting a complete application pauses the limitation clock. Medical negligence claims do not go through the Board and require pre action expert analysis followed by court proceedings if the expert evidence supports negligence.
The court decides how to apportion the total award among eligible dependents based on their individual dependency and circumstances. The statutory mental distress sum is shared among those legally entitled to claim it. Settlements also require court approval, ensuring a fair division.
If the deceased contributed to the accident, the principle of contributory negligence applies. The award is reduced by the percentage of responsibility attributed to the deceased. Evidence such as witness accounts, expert reports, and investigation findings informs that assessment.
Many sudden or accidental deaths are reported to the Coroner and may lead to an inquest. An inquest determines the who, where, when, and how of the death but does not assign civil or criminal liability. The evidence given can be useful in a civil claim. A solicitor can advise on participation and the implications for your case.
The personal representative usually needs a Grant to issue court proceedings in that capacity. There are ways to progress certain pre litigation steps, including a Board application, while the Grant is pending. Your solicitor will advise on the correct approach and timing.
Compensation for personal injury, including fatal injuries awards, is generally not subject to income tax. Different tax considerations can arise when investing funds or in relation to inheritance tax thresholds and reliefs, depending on how an award is structured and distributed. Obtain tailored tax advice alongside your legal advice.
The Personal Injuries Assessment Board handles the assessment process for most personal injury and fatal injuries claims and provides guidance on applications, forms, and timelines.
The Courts Service of Ireland provides information on court offices, including the High Court and Cork Circuit Court, filing procedures, and court approval of settlements.
An Garda Siochana investigates road traffic collisions and other incidents leading to death and can provide collision reports and witness details through formal channels.
The Health and Safety Authority investigates workplace fatalities and publishes findings and safety guidance relevant to employer liability and accident prevention.
The Cork City and County Coroner manages reporting of sudden or unexplained deaths and conducts inquests under the Coroners Acts.
The Motor Insurers Bureau of Ireland deals with claims arising from uninsured or unidentified drivers in road traffic fatality cases.
The State Claims Agency manages claims against certain public bodies, including HSE hospitals, in appropriate cases of alleged clinical negligence.
The Legal Aid Board can advise on eligibility for civil legal aid, which depends on means and the merits of the case.
The Law Society of Ireland provides general information about engaging a solicitor and the professional standards that apply.
Prioritise immediate practical needs and then seek early legal advice. Ask a solicitor with experience in fatal injuries litigation to review the circumstances and map out the steps and timelines that apply to your situation in Midleton and County Cork.
Gather key documents where possible, including the death certificate or coroner's interim certificate, any post mortem report, Garda incident number and contact details, names and contact details for witnesses, photographs or video, workplace accident reports, medical records, and any insurance information. Keep receipts for funeral and related expenses.
Identify all potential dependents and provide your solicitor with full details of the deceased's income, benefits, pension, and the services they provided at home. This information supports a proper calculation of loss of dependency and services.
Your solicitor will serve a letter of claim promptly, advise whether a Board application is required, obtain expert evidence where necessary, and protect the two year limitation period by issuing proceedings in the appropriate court if the case does not resolve. Where an inquest or investigation is ongoing, your solicitor will coordinate civil steps to avoid prejudicing your rights.
Do not delay. Time limits are strict, early notices can affect costs, and evidence is best gathered quickly. Compassionate, practical legal help is available locally and across Ireland to guide you through each stage of the process.
