Section 11
Effect of death in cause of action
of Fatal Accidents and Personal Injuries Act
(1)
Subject to the provisions of this section, on the death of any person, all causes of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of, his estate:
Provided that this subsection does not apply to causes of action for defamation.
(2)
The right of a person to claim under section 4 (bereavement) shall not survive for the benefit of his estate on his death.
(3)
Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person —
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(a)
shall not include —
(i)
any exemplary damages;
(ii)
any damages for loss of income in respect of any period after that person’s death;
(b)
where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included.
(4)
Where damage has been suffered by reason of any act or omission in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this Part, to have been subsisting against him before his death such cause of action in respect of that act or omission as would have subsisted if he had died after the damage was suffered.
(5)
The rights conferred by this Part for the benefit of the estates of deceased persons shall be in addition to and not in derogation of any rights conferred on the dependants of deceased persons by Part 2 or the
Air Navigation Act (Chapter 113)*.
(b)
So much of this Part as relates to causes of action against the estates of deceased persons apply in relation to causes of action under
Part 2 and the Air Navigation Act (Chapter 113)* as it applies in relation to other causes of action not expressly excepted from the operation of subsection (1).
(6)
In the event of the insolvency of an estate against which proceedings are maintainable by virtue of this section, any liability in respect of the cause of action in respect of which the proceedings are maintainable is deemed to be a debt provable in the administration of the estate, notwithstanding that it is a demand in the nature of unliquidated damages arising otherwise than by a contract, promise or breach of trust.
* The Air Navigation Act (Chapter 113) was repealed by Civil Aviation Order, 2006 (S 63/2006) with effect from 20th May 2006. The subsidiary legislation made under the Air Navigation Act (Chapter 113) was saved by section 53(3) of the Civil Aviation Order, 2006.
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