Relaitves who lose loved ones as a result of wrongful death could gain greater compensation in proposals revealed today.

Relaitves who lose loved ones as a result of wrongful death could gain greater compensation in proposals revealed today.

The report on Damages for Wrongful Death by the Scottish Law Commission recommends changing the law for damages in cases where a person dies as a result of personal injuries.

Wrongful death refers to cases where the person has died as a result of negligence by another person, in many cases at work or in road traffic accidents.

Under the new proposals, the definition of relatives who are eligible to sue for damages will be reduced so that aunts and uncles, nieces and nephews, in-laws and former spouses and civil partners are not entitled to claim. A narrower definition is hoped to result in quicker, bigger compensation claims for immediate family with the commission concluding that the present definition is "too wide and ambiguous".

The commission recommended that the Damages (Scotland) Act 1976, should be repealed and replaced by a new Act which restates the current law in a simpler form.

The report also recommends reforming the existing law to reflect changes in modern society regarding traditional family make-up and roles. The current system fails to take account of the fact that the surviving partner or spouse may sustain substantial economic loss as a result of the deceased's death.

Susan Sutherland, project manager for the Scottish Law Commission, said the report highlights the need to reform the existing law. "One of the main recommendations is to tidy up the Damages (Scotland) Act 1976, which has been heavily amended since it was enacted," she said. "That would aid accessibility of the law on damages for personal injuries causing death.

"Our recommendations about calculation of damages for loss of the deceased's support would result in a clear and distinct rule, which would save court time and encourage early settlement of cases."

However, the report does not recommend any change to the law in cases where a person dies of mesothelioma.