If a person is killed in a motor vehicle accident, work accident or public liability incident then their dependants (i.e. children, spouses, de-factos or loved ones) may be able to bring a dependency or nervous shock claim.
The type of claims that can be bought as a result of death are the subject of specific legislation and case law.
Claims can be bought both in relation to financial and emotional dependency. Financial dependency has been the subject of consideration in a number of cases and must be considered in light of the individual circumstances. In some cases dependency claims for children can well exceed them turning 18.
With respect to dependency claims although each dependent has an individual right only one action can be commenced for a dependency claim following the death of an individual. It is therefore vital that proper consideration is made prior to the action being commenced.
It is often important to obtain expert financial advice and calculations in relation to the loss and we have a network of expert forensic accountants that can provide evidence when needed.
Claims for nervous shock also need to be carefully considered. It is important to ensure that all appropriate evidence is obtained prior to the claim being commenced.
It is important for family members to realise what their rights are and to ensure their interests are fully protected.