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Government consultation on damages for wrongful death

Personal Injury Scotland previously reported on the members bill lodged by Bill Butler, aimed at changing the law on wrongful deaths

These proposals have now been published for consultation which can be viewed here

The key issues which have been identified include:

  • The fixed 25% deduction from the deceased's net income for personal living expenses;
  • The disregard of spouse's income;
  • Restricting the right to sue for patrimonial loss to the deceased's immediate family as defined in the Damages (Scotland) Act 1976.
  • The consultation will run until 27 August.

    The purpose of the bill is to modernise and simplify the provisions of the 1976 Act. Ministers support the objectives of the bill but feel further examination of the key changes is necessary.

    If you or someone you know has been injured or killed in an accident , find out if you may have a claim for compensation on a No Win, No Fee basis by completing our online form or contacting one of our solicitors on 0800 731 8434.

    Caroline Kelly
    Personal Injury Scotland

    Personal Injury Scotland is a trading name of Thorntons Law LLP, a limited liability partnership, registered in Scotland no. SO300381 whose registered office is Whitehall House, 33 Yeaman Shore, Dundee, DD1 4BJ. Thorntons Law LLP is regulated by the Law Society of Scotland and authorised and regulated by the Financial Services Authority.