It is the unfortunate reality that on occasions, people have passed as a result of actions or activities undertaken at work, or as a result of a motor-vehicle accident.
In these circumstances, family members/relatives of the loved one can, in certain circumstances, bring a claim as a result of their death. If the death is due to the negligence of an employer/some other third party, or a driver of a motor vehicle, then claims can be bought by people who are dependent upon that person or suffer psychological issues as a result of the death.
Broadly speaking, claims that arise out of death fall into two categories, namely:-
- Dependency Claims
- Nervous shock
These claims are bought by family members i.e., spouse, de facto, children, or other people who are dependent upon the person for support and well-being. There are a number of different aspects to a dependency claim, and it is important that proper advice is sought from an expert in the area.
Nervous Shock Claims
These claims can be bought by any relative, de facto, or other person who suffers a recognizable psychiatric/psychological injury as a result of the death. These people need not to have witnessed the event no do they necessarily need to have seen the body.
Unfortunately, it is a reality that in some cases people can fall into both categories i.e., being dependent, and also suffering from nervous shock. In those circumstances, the person may well bring both claims.
There are a number of specific rules and laws which apply to both of these claims and they are, to an extent, quite different from the standard WorkCover/Motor-Vehicle/Public Liability claim.
Therefore it is strongly recommended that anyone who may look at bringing one of these claims should seek appropriate advice from a lawyer who specialises in this area.
At Seymour Furlong Lawyers, we can assist you with these claims. Please do not hesitate to contact us if you wish to make an inquiry or have any questions. We are happy to provide you, an initial free assessment in relation to any potential claim.