Suit for Compensation under Fatal Accident Act 1855

Suit for Compensation under Fatal Accident Act 1855

Whereas no action or suit is now maintainable in nay court against a person who by his wrongful act neglected or default may have caused the death or another person and it often times right and expedient that the wrong doer in such case should be answerable in damages for the injury so caused by him it is enacted.

Whenever the death of the person shall be caused by wrongful act neglect or default and the act neglect or default is such as would if death had not ensued have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in law to felony or other crime.
Every such action or suit shall be for the benefit of the wife, husband, parent and child, if nay, of the person whose death shall have been so caused and shall be brought by and in the name of the executor, administrator or representative of the person deceased.

Every such action the court may give such damages as it may think proportioned to the loss resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought and the amount so recovered after deducting all costs and expenses including the costs not recovered from the defendant shall be divided amongst the before-mentioned parties or any of them in such shares as the court by its judgment or decree shall direct.

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