Wrongful Death & Fatal Accident Compensation Claim Lawyers

Our wrongful death compensation claim lawyers assist when someone close to you is a casualty of a fatal accident. At this challenging time, it’s comforting to know you can rely on our personal injury claim specialists for knowledgeable legal advice regarding wrongful death claims. 

Splatt Lawyers has helped Queensland people achieve justice for nearly three decades on a  100% No Win, No Fee QLD basis. Pay no fees or costs until we win your case and zero if you lose.

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Who Can File for Wrongful Death Damages in Queensland?

In Queensland, the Civil Proceedings Act 2011 (“the Act”) outlines who lodges a dependency claim seeking wrongful death damages. These include:

  • The departed’s spouse or de factor partner cohabitated as a couple for an unbroken period of at least two years, ending with the deceased’s demise.
  • A de facto partner living with the departed for less than two years who displayed an obvious intent for a long-term commitment.
  • Parents, inclusive of grandparents and stepparents
  • Regardless of marital status, children of the deceased, including adopted stepchildren, grandchildren, and adopted children dependent on the departed, including their children born after death.

One legal action for wrongful death damages can be initiated by an official representative or several family members collectively, including all legal dependents.

When there is more than one dependant, they must share the personal injury settlement. Where one of the dependents is underage, the payout must be recognised by the Supreme Court or Queensland Public Trustee. Get immediate legal support now by calling – 1800 700 125.

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Dependents of the deceased can claim any financial benefits they would have received if the departed was still alive. They can also seek funeral expenses. Surviving family members can claim:

Economic damages do not include suffering and sorrow you might experience at this difficult time. However, you could claim nervous shock if you acquire a recognised psychiatric condition.

Dependency claims also allow for punitive damages for lost services provided by the deceased to their dependents, including:

At Splatt Lawyers, your claim evaluation costs nothing. Know your legal rights and entitlements by contacting us now >

What Compensation Claims Can I Make for Wrongful Death?

1. Dependency Claims

A dependency claim happens when someone is injured or dies because of the fault of another. For instance, if a driver hits a pedestrian and is run over, the driver may be held liable. If someone close to you has passed, you might be able to claim compensation for your loss.

A loved one’s death can affect survivors in many different ways, including financial hardship, mainly when dealing with someone else’s final expenses following their demise. Often, when someone depends on their lost relative for their finances, they might be without any means of support. In this situation, you make a dependency claim.

Splatt’s team of fatal accident lawyers will support the deceased person’s family in bringing a civil lawsuit against the negligent party that caused the demise of their loved one. The neglectful person’s insurer funds your payout, so you do not need to be concerned if this party is someone close to you.

2. Wrongful Death at Work

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.

3. Fatal Road Accidents

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.

4. Nervous Shock Claims

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. This compensation case is for the mental harm related to the trauma of the terminal incident. Be aware that intense feelings of sorrow and grief that usually accompany the passing of a loved one do not constitute a psychological condition. Please speak with our legal team to understand your right to compensation.

5. Loss of Consortium Claims

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 skilled at seeking damages when someone has died due to a failed duty of care is your best opportunity of achieving financial compensation. For nearly three decades, we have been helping Queenslanders understand their legal rights when someone has had an untimely death due to a fatal accident. Contact us to know where you stand and your right to make a compensation claim for accidental death. Call 1800 1700 125.

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 responsible is essential for the claim’s success.

Once your 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.

Leading Types of Fatal Accidents

Fatal Car Accidents

The Australian Office of Road Safety says over 1,000 people die yearly in fatal motor vehicle accidents. Citizens between 17 and 35 years old are the most likely to lose their life on an Australian road. If a family member has lost their life because of an auto accident caused by a negligent driver, you could seek a wrongful death settlement.

Unintentional Injuries

A death that happens accidentally is quite often swift, occurring in seconds or minutes. In Australia, people die unintentionally by poisoning, drowning, suffocation, electrocution, contact with objects, other people and forces of nature. When someone close to you suffers a tragic death because someone failed their owed duty of care, speak with our legal team to understand your legal rights. Even partial negligence can be sufficient to establish liability.

Medical Malpractice

Queensland Health care professionals and Doctors have a legal and ethical duty to provide medical services to patients to the best of their abilities, but even experienced professionals can make mistakes. Medical mistakes such as misdiagnosis, wrong prescriptions or poor medical care leading to death can be the basis of a claim for medical negligence and wrongful death.

Fatal Falls, Slips and Trips

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. More than half of fatal injuries caused by falling happened on a level surface.

Fatal Work Accidents

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. 

No matter how your loved one passes away, you will be experiencing considerable mental anguish at this challenging time of your life. Our personal injury lawyers will support you through the legal process of seeking justice. Call Now for immediate support – 1800 700 125.

Common Causes of Wrongful Death

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

Establishing Legal Liability in Fatal Accident Cases

Your lawyer must show 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 you should seek experienced legal advice immediately. When successful, your payout is usually paid by the negligent party’s insurance company. Our compensation lawyers have substantial expertise in determining liability and which insurer is liable for damages.

How Personal Injury Lawyers Help with Wrongful Death Claims

Splatt Lawyer’s team of personal injury lawyers have considerable expertise in wrongful death claims and fatal accidents. During this challenging time in your life, you must have dependable legal representation so you can focus on your recovery. Rely on our compassionate solicitors to know your legal rights.

It costs nothing to understand your entitlement to make a dependency claim, a nervous shock claim or a loss of consortium claim. Contact us for your free legal case review. Call Now – 1800 700 125.

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Wrongful Death and Fatal Injury FAQs

A wrongful death lawsuit can be viable when someone dies because of another person or party’s illegal or negligent action. Their negligence can be fully or partially responsible for the casualty. This type of legal case occurs when reckless, careless, or intentionally harmful behaviour results in fatal injuries.

Negligent death cases constitute civil legal action with the intent of recovering financial damages from the responsible party. Essentially they are a personal injury claim for the departed person. Any damages legal action the deceased could have lodged can constitute a claim for wrongful death. The surviving family can also make a claim, including for lost financial income and lost companionship.

Wrongful death claims are complicated and come at a difficult time for the surviving family. To ensure the success of your case, you should get expert legal assistance. Contact Splatt Lawyers now for your comprehensive case review. It’s free to get started.

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.

In addition to a fatality or dependency claim, you could claim nervous shock if you have acquired a psychological or psychiatric injury due to the traumatic death of someone you love. A Nervous shock payout includes compensation for lost income, the cost of treating your mental disorder, and pain and suffering.

Depending on the type of claim, there can be several time limits. You can be excluded from seeking compensation if you miss a deadline. Lodging your case early can sometimes yield a better outcome. To ensure success, you should always act swiftly and contact our friendly compensation team for your free case review. Your lawyer or solicitor will let you know the lodgement dates that apply to your matter.

To have a successful wrongful death claim, you will need to show:

  • Evidence of death – usually, this is a death certificate
  • Evidence of dependency – your marriage certificate, proof of de facto or other relationship with the deceased
  • Funeral costs – you could need receipts for funeral expenses
  • Tax Records – you should provide three years of tax returns for yourself and the departed

Every case varies, and so to the value of your compensation payout. Several factors determine what your claim is worth, including how long you had a relationship with the departed and the impact of their death on your circumstances. Our expert personal injury lawyers will help you know your entitlements and estimate your claim. It costs nothing for your comprehensive legal evaluation.

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