The Plaintiff’s husband was visiting a shop when due to the faulty construction of the wall of the shop, the wall had collapsed and killed him. When a person is killed through the negligence of another party there are three types of award which a court can. Firstly the court can award a sum of money for the mental distress of losing a loved one which is a maximum of €35,000 to be spread between all of the close family members effected by the death. The second is funerary expense. The third claim is potentially the largest claim and it is by those who prior to the death of the deceased were financially dependent on the deceased and would have been dependant on the deceased into the future had the deceased lived. Typically this category relates to the spouse and children of the deceased. The deceased man’s wife in this case brought proceedings against the shop, the landlord, and the parties who had built the wall. The Plaintiff claimed both for mental distress, funerary expenses and for monies which the man would have paid towards his wife and his children going forward if he had not been killed. In this particular case the deceased man’s wife did not work and he had a number of young children, so the claim made was quite substantial as it was expected that his wife would have been dependant until her husband would have retired and the children would have been dependant until they finished university.
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