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Application of new solatium limit

The maximum amount of damages for mental distress that can be awarded to dependants of a deceased person in wrongful death cases has been increased from €25,394.76 to €35,000.

Published:

The maximum amount of damages for mental distress that can be awarded to the dependants of a deceased person in wrongful death cases, under Part IV of the Civil Liability Act 1961 (as amended), has been increased from the current €25,394.76 to €35,000.

This takes effect from 11th January, 2014 by Civil Liability Act 1961 (Section 49) Order 2014 (SI 6 of 2014).

The new limit applies to any cause of action that accrues while the Order is in effect (ie the new limit applies to claims in respect of wrongful deaths occurring from 11 January 2014 onwards).

This is provided by Section 49(1A)(b) of the Civil Liability Act 1961, as inserted by Section 2(1)(b) of the Civil Liability (Amendment) Act 1996.