The total amount of compensation to be awarded for mental distress in fatal injuries (wrongful death) cases has been increased. The payment arises under Section 49 (1)(ii) of the Civil Liability Act, 1961, as amended, and a limit on the level of payment was set by Section 49 (1)(b) of the Act.
The limit has been changed over the years and most recently was set at €25,394.76. It has now been changed since the 11th January 2014 to €35,000.00 by statutory instrument S.I. No. 6 of 2014, Civil Liability Act 1961, (Section 49) Order 2014.
This head of damage is in addition to any other type of damage to which a claimant may be entitled.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.