Families mourning the loss of a loved one killed through negligence must not be subjected to the added
trauma of an intrusion into the deceased’s finances, a parliament committee is set to hear on Tuesday. (21September 2010)

Ronnie Conway, from not-for-profit legal reform campaigners the Association of Personal Injury Lawyers
(APIL) is set to give evidence to MSPs on the justice committee about new proposals for settling fatal
negligence claims.

The Government is consulting on plans for grief-stricken families in Scotland to receive a fixed sum of 75
per cent of the deceased loved one’s future earnings. The money would be paid to help compensate them for the household’s loss of income.

Mr Conway said: “These proposals would prevent grieving families from going through the added trauma
of an intrusion into the financial history of a loved one who has been killed because of the negligence of
another person.”

The Government consultation is the third held in as many years on the matter since the Scottish Law
Commission first called for a new damages calculation to be looked into.

Currently, those who have lost a loved one because of another person’s negligence can be subjected to an intrusion into the deceased’s spending habits. This unfortunate process can be required to establish how much they spent supporting their family and how was spent on themselves, for things like hobbies and socialising.

Under the new proposals, it is assumed that the deceased would have spent 25 per cent on themselves
and 75 per cent on their family.

Mr Conway added: “A fixed figure would also provide bereaved families with a degree of financial certainty during a highly uncertain time and make legal proceedings shorter and less expensive.
“The current system is outdated, complex and leaves families – many who may be worried about
losing their home – with a further anguish.”