Fatal Accidents Act 1959

Where the death of a person is caused by a wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued is liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to a crime.

An injured party who did not commence an action relating to the injury before the limitation period for commencing the action expired is to be taken to be entitled, for the purposes of subsection (1), to maintain an action in respect of the injury if, before the person died, the person —

was not aware of the physical cause of the injury and it was reasonable for the person not to be aware of that cause;

was aware of the physical cause of the injury but was not aware that the injury was attributable to the conduct of a person and it was reasonable for the person not to be aware that the injury was so attributable; or

was aware of the physical cause of the injury and that the injury was attributable to the conduct of a person but after reasonable enquiry, had been unable to establish that person’s identity.