Section 28lb threshold a impairment of more than 5 b

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Section 28LB: Threshold = (a) impairment of more than 5%; (b) for psychiatric injury more than 10%. Wrongful Death and Survival of Actions - Administration and Probate Act - Right to sue passes to the estate and proceeds go to the estate. - Can recover economic loss and funeral expenses. - Wrongs Act Part 3 Section 16: If D negligently causes death and that person would’ve been able to successfully sue, other people get the right to sue the defendant for any losses they suffer e.g. dependants. - Wrongs Act Section 17(2): Dependants are those wholly or partly dependant on the deceased. - The plaintiff must proved that the deceased would have won the case and cannot claim for non-pecuniary losses. 45
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