Irish law allows a defined group of family members to claim when a death is caused by a wrongful act.
This page explains who counts as a dependant, what the claim covers, how the award is divided, the time limits and where to find bereavement support.
A dependency claim is the claim a family brings when a death is caused by someone else's wrongful act.
Under section 47 of the Civil Liability Act 1961, a dependant is one of the following who has suffered injury or mental distress because of the death:
An adopted child counts as the child of the adoptive parents, and a person who stood in the place of a parent counts as a parent.
The HSE's bereavement pages give advice on coping with grief and on helping children after a death. Citizens Information lists bereavement counselling and support services, and explains the practical and financial matters that follow a death.
Only one action can be brought against the same person for the same death, under section 48. The personal representative brings it. If there is none, or no action has been brought within six months of the death, any dependant can bring it.
Whoever brings it, it is for all the dependants, and the defendant must be given details of each one and their claim.
The judge assesses an amount for each dependant in proportion to the loss the death caused them, and each amount is shown separately in the award.
Legal costs not recovered from the defendant are deducted before the money is divided. An Injuries Resolution Board assessment in a fatal claim only binds once a court approves it.
The time limit is two years from the death, or from the date of knowledge if later, applied to each dependant separately.
The estate has a separate claim under section 7 for losses the person suffered before death, such as lost earnings and medical costs.
Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.
Your case will be carefully reviewed by our legal team.
We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).
Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.
Paul Kearney founded the practice and leads its personal injury work in Ireland. He is regulated by the Law Society of Ireland. Read Paul's profile.
We prepare your application to the Injuries Resolution Board, including the medical evidence, and advise you on any assessment before you decide whether to accept it.
You can meet us at any of our four offices, or deal with us by phone, email or video, wherever you live in Ireland.
There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.
Yes, if they were living with the person who died as a cohabitant for a continuous period of at least three years before the death. A partner who does not meet that test is not a dependant under section 47, although other family members may be.
No. The test in section 47 is that the dependant suffered injury or mental distress because of the death, so a family member who received no financial support can still receive the solatium.
Where a dependant had no legal right to be supported, the court takes that into account when it assesses financial loss.
No. The judge can award each dependant an amount for mental distress, but the total for all dependants together cannot exceed the maximum set in section 49 of the Civil Liability Act 1961. The Minister can change that maximum by order.
The claim looks at what the person did for the family, such as childcare, cooking, driving and household jobs, and what it costs to replace that help. A detailed account from the family of a typical week is often the starting point.
Funeral and other expenses actually incurred because of the death can be claimed, whether they were paid by the dependants, the personal representative or out of the estate. Keep the receipts and invoices.
The child's share is assessed by the court like any other dependant's. Where a child's compensation is approved by a court, the money is usually lodged in court until they turn 18.
The time limit is applied to each dependant separately, from the date of death or that dependant's date of knowledge. If the claim is out of time for some dependants but not others, the court excludes only those for whom it is out of time.
On the date of death, or on the date of knowledge of the dependant if that is later.
The claim must be brought within two years under section 6 of the Statute of Limitations (Amendment) Act 1991. The clock stops while an application is with the Injuries Resolution Board.
Citizens Information explains registering a death, dealing with the estate, money matters and inquests. The HSE bereavement pages cover grief and supporting children.
No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained.
Regulated by the Law Society of Ireland
Kearney Law handles only personal injury and clinical negligence claims.
We act for clients across Ireland, including Dublin, Cork, Galway, Limerick, Waterford and Letterkenny. See all the areas we cover.
Contact us to talk to a solicitor about your claim, or request a case review.
Email: [email protected]
Opening Hours:
Monday to Thursday 8am – 8pm
Friday 9am – 5pm
