Family members or dependents of people who have died in a fatal accident may be eligible to file a wrongful death claim. In such cases, our qualified wrongful death lawyers offer legal advice on a 100% no-win, no-fee basis. Fatal accidents that lead to a wrongful death lawsuit can happen due to:
Understanding your right to claim compensation for the death of a loved one can be complex, as you usually need to be considered a dependent unless you are a family member.
The Car Accident Compensation Lawyers QLD offers a free case review that can explain your rights following the untimely death of a loved one, regardless of how it happened. Our 100% no-win, no-fee guarantee means you pay only for a win and zero if you lose.
Australian state personal injury laws spell out precisely who can bring a wrongful death lawsuit. They state that eligibility for compensation depends on family relationships and financial and non-financial dependence.
Imagine the ripple effect when someone dies in a fatal accident; that pain touches many lives. Because of this, our laws allow those affected to seek compensation.
The following immediate family members are generally considered eligible claimants:
These family members typically have automatic standing to bring a wrongful death claim, though they must still demonstrate their specific losses.
Depending on specific state or territory legislation, other relatives may also qualify for wrongful death compensation, including:
The key requirement for extended family members is establishing that they were financially dependent on the deceased at the time of death. This means proving they relied on the deceased for regular financial support, housing, or other economic benefits.
Only individuals directly related to or financially dependent on the deceased can usually file a wrongful death claim.
The unexpected passing of a loved one can cause financial strain for the surviving family members and financial dependents. At such a time, our qualified fatal accident lawyers provide a free case review that can explain:
Our 100% no-win, no-fee policy means you pay only when you win and nothing if you lose. Call 1800 860 777
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Know your entitlements
There is no doubt that losing a loved one is a traumatic experience, especially in a fatal accident. Dealing with legal costs during such a time can increase your stress and anxiety.
The Car Accident Compensation Lawyers QLD offer 100% no-win, no-fee funding for wrongful death and dependency claims, regardless of the circumstances surrounding your loved one’s passing. Our no-risk guarantee means the following:
During a free case review, our Queensland wrongful death lawyers can explain our 100% no-win, no-fee, no-risk guarantee. Call 1800 860 777
We utilise the latest technology, enabling our QLD-wide team to explain your legal rights wherever you live in our great state.
With the direction of Kerry Splatt, the Principal of our law firm, our Queensland wrongful death lawyers offer legal services to the dependents and family members of those who have passed away. At such a time, it’s reassuring to know that Kerry is a QLS-Accredited Specialist in Personal Injury Law.
The Queensland Law Society’s specialist accreditation recognises the additional training and assessments that litigation lawyers have undergone, thereby demonstrating their expertise in personal injury law.
The Car Accident Compensation Lawyers QLD offers free initial legal advice that can explain your rights and entitlements. .Call 1800 860 777
A wrongful death lawsuit is a civil legal claim brought by surviving family members when a person dies as a result of another party’s wrongful act, such as negligence. Each Australian state and territory has specific legislation that governs dependency claims.
The fundamental principle underlying wrongful death laws is straightforward: if the deceased person would have been able to sue for damages had they survived their injuries, their relatives may pursue legal action following their death.
Wrongful death lawsuits (seeking damages) operate separately from criminal cases.
The lower burden of proof for compensation claims means that even if criminal charges aren’t filed or result in an acquittal, families can still make a wrongful death claim.
Importantly, compensation in wrongful death cases doesn’t relate to the deceased person’s pain and suffering before their death. Instead, it focuses on the tangible harm suffered by survivors, including:
Australian law recognises several distinct types of wrongful death claims, each designed to compensate for different aspects of loss. Families who know the claim types can identify all potential sources of compensation following their loved one’s passing.
Dependency claims are the backbone of most wrongful death lawsuits. These claims compensate those who were financially dependent on the deceased and seek damages for:
To be approved for such a claim, claimants must prove their financial reliance on the deceased person. This includes documenting regular contributions to:
Courts calculate compensation based on several factors:
Importantly, courts deduct the deceased’s anticipated personal consumption to arrive at the net support that would have been available to dependents. Additionally, life expectancy calculations use actuarial tables to estimate the relevant period over which financial support would have continued.
Nervous shock claims can provide compensation for family members or witnesses who suffer mental harm as a direct result of the traumatic death or its circumstances. These claims require a formal diagnosis of conditions such as:
General grief, sorrow, or emotional distress, while entirely understandable, don’t qualify for nervous shock compensation unless accompanied by a formal psychiatric diagnosis from a mental health professional.
Eligible claimants typically include immediate family members and, in some cases, witnesses who directly observed the traumatic incident or its immediate aftermath.
Loss of services claims address the monetary value of unpaid care, domestic duties, and household services previously performed by the deceased. These complimentary services might include:
Some common types of fatal accidents lead to wrongful death claims in Australia. Which means there are several key areas where negligence often results in losing a loved one.
Road crashes represent one of the most common causes of wrongful death in Australia, according to data from the National Road Safety Strategy. These tragic incidents often involve:
Determining fault for fatal motor vehicle accident cases typically involves considering factors like speeding, distracted driving, intoxication, or failure to follow road rules.
Safe Work Australia reported 200 worker deaths in 2023 due to workplace incidents. Fatal accidents frequently result from:
Workplace wrongful death cases typically involve occupational health and safety breaches, where employers failed to provide safe working conditions.
Workers’ compensation lawyers can explain your rights in these cases.
When doctors and other healthcare professionals fail to meet the expected standard of care and there is a preventable death, the surviving family members could be eligible to make a medical negligence claim. Common scenarios include:
Note: We do not have a medical negligence team and do not advise on these claims.
Public liability claims include unexpected deaths arising from:
Each category requires specific evidence to establish the defendant’s duty of care and the associated breach of duty.
Public liability lawyers advise on these types of matters.
Australian wrongful death actions are grounded in tort law principles for proving negligence claims for damages. Because of these rules, to successfully get financial compensation, you are required to satisfy several legal criteria that are supported by proof.
Approved wrongful death claims must prove four fundamental elements:
1. Duty of Care The defendant must have owed a legal duty of care to the deceased person. Examples include:
2. Breach of Duty The defendant’s actions or omissions must have fallen below the standard expected of a reasonable person in similar circumstances. This process involves comparing the defendant’s conduct to what a reasonable or careful person would have done.
3. Causation Claimants must establish both factual and legal causation:
4. Quantifiable Damages The unexpected death must have resulted in actual, measurable losses to the claimants, supported by evidence such as:
Building a strong wrongful death case requires comprehensive evidence collection, including:
A wrongful death lawyer can assist with the evidence required to support a lawsuit because they understand the complex documentation needed to prove each element of the claim.
After a deceased’s passing, the surviving family members may question the calculation of compensation for wrongful death cases.
The maximum compensation varies significantly based on the deceased’s age, income, health, and family circumstances.
Economic damages compensate for measurable financial losses resulting from the loved one’s death:
Lost Financial Support
Medical and Funeral Expenses
Lost Inheritance
Non-economic damages address intangible losses, though these are more limited in Australia than in some other jurisdictions:
Loss of Relationship
Pain and Suffering
While Australian law generally doesn’t provide substantial pain and suffering awards for bereavement itself, some jurisdictions allow modest compensation for grief and emotional harm.
Courts aim to restore families to the financial position they would have occupied had the death not occurred, within reasonable limits established by law and precedent. They consider several factors when determining final compensation amounts:
Part of a successful claim is meeting the strict time limits for wrongful death lawsuits. That’s because missing these deadlines can permanently block families and financial dependents from seeking compensation, regardless of the strength of a case.
However, in the case of fatal accidents, a claim must be lodged with the at-fault party within 9 months of the date that gave rise to the lawsuit.
The discovery rule recognises that families may not immediately understand that negligence caused their loved one’s death. This situation is particularly true for complex medical negligence cases where the connection between treatment and death may only become apparent later.
Medical negligence experts can explain how this works.
Several circumstances may extend or modify the above time limits:
Australian courts may permit late filings in exceptional circumstances. Most often, you’ll need to give good reasons for the delay. And you must show that bringing a case now serves the interests of justice.
Losing a loved one can be heartbreaking. Especially when caused by someone else’s negligence. Surviving family members and dependents have the right to seek legal advice about eligibility to claim financial compensation. Personal injury lawyers can advise how to:
Even if families aren’t initially sure whether negligence contributed to the death, consulting wrongful death lawyers helps protect their legal rights while they process their grief.
The process of filing a wrongful death claim can involve demands, mediations, and possibly a trial. Here are the steps for claiming wrongful death compensation, which can be complex. QLD fatal accident lawyers can help you understand how this applies to your situation.
The first step of the claims process is a comprehensive evaluation of the legal case:
Legal Assessment: To build a wrongful death claim, lawyers carefully piece together the story of a fatal accident. They determine:
Evidence Gathering: To file a wrongful death claim, you must gather all necessary documentation, including receipts and invoices. Other valuable evidence includes:
Expert Reports: Complex cases often require expert witnesses to establish negligence and quantify damages:
Claim Preparation: Wrongful death lawyers draft comprehensive legal documents outlining the factual allegations and statement of damages. These documents must follow procedural requirements and court rules.
Claim lodgement: a notice of claim is sent to the defendant within nine months of the fatal accident date. Once filed, the liable insurance company will typically try to reduce their liability or deny the claim.
Many wrongful death cases resolve through negotiated settlements (mediation), thus avoiding court proceedings:
Mediation: Courts often request mediation sessions in an effort to achieve a settlement. This process allows families to achieve a faster outcome and avoid the stress and uncertainty of court action.
Settlement Considerations: Factors influencing settlement outcomes include:
Close family members, such as spouses and children, are typically the ones who qualify to file a wrongful death or financial dependency claim.
Sometimes there are multiple liable parties, each with contributory negligence, which further complicates the claims process.
Experienced wrongful death lawyers understand the eligibility requirements for taking legal action for a loved one’s death in unforeseen circumstances. They know how to assess claim viability and find an effective path to your desired result.
Our fatal accident lawyers can explain your eligibility for financial damages after losing a loved one in unexpected circumstances.
The Car Accident Compensation Lawyers QLD offers a free case review that explains your rights and entitlements. All our legal services are provided on a 100% no-win, no-fee basis. Pay only for a win and nothing if you lose. It’s free to know your options. Call 1800 860 777
You can start legal action for damages when another party’s negligence leads to a fatal accident. In such cases, Australian personal injury laws allow certain family members and financial dependents to lodge a wrongful death claim.
Queensland does not have a maximum compensation amount for wrongful death claims. Instead, payout amounts are assessed based on the unique circumstances and factors such as:
Negligence and wrongful death are two connected but separate legal concepts. In legal terms:
Yes, multiple eligible family members can each file separate wrongful death claims stemming from the same demise. In such cases, each family member or dependent must prove their relationship to the deceased and show their specific losses.
Criminal prosecutions and civil wrongful death lawsuits operate independently. A civil action can proceed regardless of whether:
The key difference lies in the burden of proof. Criminal cases require proof beyond a reasonable doubt, while civil wrongful death claims only need to establish liability on the balance of probabilities.
But a criminal conviction can significantly strengthen a civil claim, because it can establish the truth about the defendant’s actions and how they caused the damage.
The absence of criminal charges doesn’t prevent civil wrongful death claims. Many deaths result from negligence that doesn’t rise to criminal culpability but still supports a claim for financial compensation.
For example, a momentary lapse in attention causing a fatal motor vehicle accident might not warrant criminal prosecution but could support a wrongful death claim based on negligent driving.
