Our wrongful death lawyers provide legal advice for wrongful death claims when someone close to you is a casualty of a fatal accident. Knowing if you can claim compensation for a loved one’s death can be complicated because you must be considered a dependent of the deceased.
Splatt Lawyers advises Queensland residents of their rights on a 100% No Win, No Fee QLD basis. Pay no fees or costs until you win and zero if you lose. It’s free, to be sure. Call Now: 1800 700 125 or email us >
Learn if you have a
claim in 30 seconds
In Queensland, the Civil Proceedings Act 2011 (“the Act”) outlines rights for wrongful death lawsuits and who can lodge a dependency claim. These include:
According to the wrongful death statute, an official representative or several family members collectively, including all legal dependents, may file one wrongful death suit.
The Supreme Court or Queensland Public Trustee must approve a payout when one of the dependents is underage. Splatt Lawyers explain your legal rights for free. Call Now: 1800 800 125
Our wrongful death lawyers provide advice for the legal process and your rights.
Get a fast estimate with our online Calculator
In a wrongful death lawsuit, dependents of the deceased can claim the financial benefits they would have received if the departed were still alive. They can also seek funeral costs. Surviving family members can claim:
Economic damages do not include the pain and suffering you might experience at this difficult time. Dependency claims also allow for punitive damages for lost services provided by the deceased to their dependents, including:
Splatt Lawyers provides legal advice for fatalities caused by wrongful acts. If you are a financial dependent or relative of a deceased person, contact us now to learn your right to make a wrongful death claim. Call now: 1800 700 125
In Queensland, a wrongful death action can take several forms, depending on how the death occurred.
A dependency claim happens when someone is injured or dies in a wrongful act, and the survivors are financially dependent on the deceased person. In this situation, you can claim compensation for your loss. How much you receive depended on your level of financial dependency and how long you relied on the deceased for support.
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.
Where the death happened is essential to how the dependency claim is processed. For workplace accidents resulting in death, a case would be lodged under the Workers’ Compensation and Rehabilitation Act 2003 (Qld), with the payout coming from WorkCover.
Death due to negligence on Queensland roads would initiate a claim through the Motor Accident Insurance Act 1994 (QLD). When someone passes because of an incident in a public place or venue (including on private property), a claim is brought under the Personal Injuries Proceedings Act 2002.
When death happens with a family member present, or they view the scene soon afterwards and have a psychiatric or psychological reaction, making a personal injury claim for ‘nervous shock’ may be possible.
Be aware that intense feelings of sorrow and grief that usually accompany the passing of a loved one do not constitute a psychological condition.
You might also claim for loss of consortium and servitium. A legal claim for consortium loss relates to your family member’s lost companionship. This type of compensation case is viable when the deceased was a vital person to a business or enterprise that could lose future income because of their demise.
A personal injury law firm explains how to seek damages when someone has died due to a failed duty of care. They advise your right to claim financial compensation for the unexpected death of a loved one.
A medical negligence claim can be lodged when a healthcare provider fails to follow generally accepted standards of care and a patient suffers injury or death. Due to their complexity, specialist medical negligence lawyers advise on this type of wrongful death case.
Note: Splatt Lawyers does not provide legal support for medical negligence matters.
The Australian Office of Road Safety says over 1,000 people die yearly in fatal motor vehicle accidents. If a family member has lost their life because of a motor vehicle accident caused by a negligent driver, you could seek a wrongful death settlement.
In Australia, unintentional deaths occur due to poisoning, drowning, suffocation, electrocution, contact with objects, other people, and natural forces.
Queensland Health care professionals and doctors have a legal and ethical duty to provide medical services to patients to the best of their abilities. However, even experienced professionals can make mistakes. Medical mistakes and poor medical care leading to an untimely death can be the basis of a medical negligence claim.
The Australian Institute of Health of Welfare states that approximately 40% of accidental deaths in Australia are due to falls. Fatal falls can happen anywhere but are more common in older people.
You are far more likely to die at work if you are male. The number of people slain on the job has declined significantly since 2007 due to multiple factors improving worker safety. Work fatalities are more common in males above 50 years old.
In Australia, accidental falls are by far the most common cause of wrongful death. Closely followed by forceful contact with sharp and blunt objects and road accidents. Here are the statistics for fatal accidents.
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 |
A personal injury lawyer must prove legal liability to have a successful compensation claim for wrongful death. Generally, when another party is wholly or partly at fault, you could have a civil lawsuit seeking damages.
Strict time limits apply to this legal matter, so please seek legal advice immediately.
When people hear the term ‘wrongful death claim,’ they sometimes think this is a criminal case. This is not true. You will not be sending someone to prison or having them fined for wrongdoing.
A compensation case for wrongful death is, in fact, a civil lawsuit. If successful, the at-fault party will be liable to pay monetary damages, which their insurance company usually pays. These claims arise from the negligence that resulted in the demise of your loved one.
A diverse range of negligent behaviour can result in death. Commonly this includes:
Only dependents financially reliant on the deceased can lodge a wrongful death action. Once the interested parties are determined, there is usually a comprehensive investigation, often by the Queensland coroner. Establishing the cause of death and who is liable for damages starts the legal process.
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.
Splatt Lawyer’s team of QLD personal injury lawyers provides legal insights for wrongful death claims and fatal accidents caused by negligence. When a wrongful death occurs in Queensland, we explain a path to justice for your loss.
Understanding your right to file a dependency, nervous shock, or loss of consortium claim costs nothing, and we offer 100% no-win, no-fee legal services. It’s free, to be sure. Call Now: 1800 700 125.
When you need legal advice for wrongful death compensation claims, it’s helpful to know that Splatt Lawyers is nearby. Choose your location:
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 are 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, how the death occurred may also spark a criminal prosecution. Please understand the crucial variants of these two types of cases.
When someone dies because of the negligence of an entity or person, civil legal action can be lodged. Death because of a crime would be a criminal case and a wrongful death civil claim. Queensland lawyers and solicitors manage civil lawsuits. When successful, the defendant receives an award for damages compensation.
Criminal prosecution varies from civil legal action in several circumstances. In Queensland, a police prosecutor would decide if criminal charges are warranted, and if successful, the guilty party would get a jail sentence and fines. In this situation, two legal actions can be in place simultaneously. Sometimes, you cannot bring a civil action until the completion of criminal charges.
To have a successful wrongful death claim, you will need to show:
Every case varies, and so does the value of a compensation payout. Several factors determine how much compensation you receive, including how long you had a relationship with the departed and the impact of their death on your circumstances.
Our wrongful death compensation lawyers will advise you on your entitlements and provide a payout estimate for free.
A wrongful death occurs when a person dies because of the negligent action or inaction of another person or party
Keeping you up-to-date and informed with relevant facts and news about the world of compensation law, our law firm and our services
Our local Queensland lawyers are prepared to help. Contact our team with your questions or start online now. It costs nothing to understand your options.
