Our wrongful death lawyers offer legal advice for wrongful death claims resulting from a loved one’s death in a fatal accident. You may be entitled to seek compensation for lost financial support and companionship, as well as the associated pain and suffering.
However, determining whether you can claim compensation can be complicated, as you must be considered a dependent of the deceased.
Splatt Lawyers offers a free initial consultation to explain your eligibility for a wrongful death lawsuit and our legal costs. Our personal injury lawyers work on a 100% no-win, no-fee basis, which means you pay for a win and zero if you lose. It’s free, to be certain. Call 1800 700 125 or email us
In Queensland, the Civil Proceedings Act 2011 (“the Act”) outlines rights for wrongful death lawsuits and who can lodge a dependency claim. These include:
Bith immediate family-members and non-family members who depended on the departed for financial support
Our senior lawyers understand how the claims process works.
Our wrongful death lawyers provide advice for the legal process and your rights.
The untimely death of a loved one could result in considerable financial strain and mental harm, particularly if you depended on them for income. At such a time, the cost of seeking advice about your legal rights could be out of reach.
Splatt Lawyers offers a 100% no-win, no-fee guarantee for wrongful death lawsuits and dependency claims. Our no-financial-risk policy means the following:
Our wrongful death lawyers can explain if you qualify for our generous legal funding during a free case evaluation. Call 1800 700 125
In a wrongful death lawsuit, dependents of the deceased can claim the financial support they would have received if the deceased were still alive. They can also seek funeral costs. Surviving family members seek compensation for:
Dependency claims also allow for punitive damages for lost services provided by the deceased to their dependents, including:
Likewise, compensation for mental harm claims can include medical expenses, financial loss, pain and suffering, and loss of enjoyment of life.
Splatt Lawyers offers a free consultation that can explain your legal rights if you are a financial dependent or relative of a deceased person. It’s free to be sure. Call 1800 700 125
Case | Occupation | Accident Type | Payout |
|---|---|---|---|
Greenall v Amaca | Roof Fixer | Asbestos Exposure | $384,090 |
Row v Willtrac Pty Ltd | Motor Mechanic | Crushing Accident | $418,813 |
Steele v John Holland Group | Civil Engineer | Electrocution | $386,744 |
A loved one’s passing can be a deeply emotional experience, often accompanied by the financial strain of lost support. Depending on the circumstances of the fatality, a wrongful death claim might include the following options:
A dependency claim occurs when someone is injured or dies due to a wrongful act, and the survivors are financially dependent on the deceased person.
When you have a successful claim, the negligent person’s insurer funds the payout, so you do not need to be concerned if this party is someone close to you.
The location of the fatal incident is essential to how a dependency claim is processed.
For workplace fatal accidents, a case would be lodged under the Workers’ Compensation and Rehabilitation Act 2003 (Qld), with the payout paid by WorkCover.
A death due to negligence on Queensland roads can initiate a claim under the Motor Accident Insurance Act 1994 (QLD).
When someone dies as a result of an incident in a public place or venue (including on private property), a claim is brought under the Personal Injuries Proceedings Act 2002.
The emotional impact of losing a loved one can be profound, leading to conditions such as anxiety, depression, or PTSD.
When someone dies with a family member present, or they view the scene soon afterwards, and they suffer a psychiatric injury, they could be eligible to make a nervous shock claim.
You may also be able to claim for loss of consortium and servitium after the loss of a loved one.
Wrongful death lawyers can explain how to seek damages when someone has died due to a failed duty of care. They advise your right to seek financial compensation for the unexpected death of a loved one.
A medical negligence claim could be lodged when a healthcare provider fails to follow generally accepted standards of care (like surgical errors) and a patient suffers injury or death. Due to their complexity, specialist medical negligence lawyers advise on this type of case.
Medical negligence experts would examine the medical records after the deceased’s passing to determine the viability of a case.
Note: Splatt Lawyers does not have a medical negligence team
Common grounds for a wrongful death action in Australia include motor vehicle accidents, workplace accidents, medical negligence, public liability, and defective products (for example, faulty cars).
Cause of Accidental Death | Percentage |
|---|---|
Falls | 21 per thousand |
Suicide | 13 per thousand |
Accidental Poisoning | 6 per thousand |
Road Accidents | 5.2 per thousand |
Suffocation and Choking | 3.9 per thousand |
Other and unknown accidents | 2.1 per thousand |
Homicide | 1 per thousand |
Accidental Drowning | 0.9 per thousand |
Burns | 0.5 per thousand |
Contact with an Object | 0.5 per thousand |
To succeed in a wrongful death claim, the plaintiff must prove that the defendant would have been liable to the deceased had they survived, and that this incident caused them a financial loss.
In Australia, strict time limits apply to wrongful death lawsuits.
These general time limits for such a claim may vary depending on individual circumstances and the type of case. A wrongful death lawyer can advise on the lodgement deadline for your legal matter.
In some cases, the Queensland coroner conducts a comprehensive investigation after determining the interested parties. Hence, the legal process starts by establishing the cause of death and who is liable for damages.
Once a compensation lawyer confirms fault, civil damages can proceed. Some cases settle quickly, mainly when liability is clear, while others can take several years, especially when liability is disputed.
When people hear the term ‘wrongful death claim,’ they sometimes think this is a criminal case. This is not true. You will not send anyone to prison or fine them for wrongdoing.
A diverse range of negligent behaviour can result in death. Commonly, this includes:
Here are the steps of the death claim process for a loved one’s passing due to a negligent act.
Splatt Lawyers’ team of QLD personal injury lawyers provides legal advice for wrongful death claims and fatal accidents caused by a negligent act. When a wrongful death occurs in Queensland, we can explain the process for seeking compensation.
A free consultation can help you understand your eligibility to file a dependency, nervous shock, or loss of consortium claim. All our legal services are 100% no-win, no-fee. Pay when you win and zero if you lose. It’s free, to be sure. Call 1800 700 125
Splatt Lawyer provides legal advice on wrongful death compensation claims from 10 locations across QLD.
A wrongful death case is not a criminal case. However, how the death occurred may also spark a criminal prosecution.
In Queensland, a police prosecutor would decide if criminal charges were warranted, and if successful, the guilty party would get a jail sentence and fines. In this situation, two legal actions can be taken simultaneously. Sometimes, you cannot bring a civil action until the criminal charges are completed.
A wrongful death case is not a criminal legal matter. However, the manner in which the fatality occurred may also lead to criminal prosecution. Here’s how it works.
In Queensland, a police prosecutor would decide if criminal charges are warranted, and if successful, the guilty party would receive a jail sentence and fines.
To have a successful wrongful death claim, you will need to show:
Compensation from a wrongful death claim can help reduce financial stress and support mental health needs.
But every case varies, and so does the value of a compensation payout. Several factors determine how much compensation you receive, including:
A personal injury lawyer understands how compensation payouts are calculated.
A wrongful death occurs when a person dies because of the negligent action or inaction of another person or party.
There is no cap on compensation for death-related legal claims in Australia. Instead, each case is evaluated based on its specific circumstances.
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