Death Dependency Claims
Dependency Claims
If a family member has been killed in a work accident, motor vehicle accident or public liability incident due to another person’s negligence, the dependents of the deceased (i.e. spouses, de facto partners, children or other family members) may be entitled to compensation by bringing a dependency claim, sometimes referred to as a death dependency claim or a death claim.
If you were financially or in any way dependent on the deceased person, you have a statutory right to sue for damages.
Call Seymour Furlong Lawyers on 07 3879 1644 today. We operate on a ‘no win, no fee’ basis and will provide expert legal advice to help you understand your rights and what you may be entitled to.
Hire a Lawyer experienced with winning claims just like yours
You Can Count on Us
Who Can Make a Death Claim?
Queensland’s Civil Proceedings Act 2011 defines the following as family members who can make a death claim :-
- a child of the deceased – this includes a child born after the death of the deceased; or
- a person whom the deceased acted immediately before his or her death in place of a parent; or
- a parent of the deceased (includes step-parent or grandparents)
- a person who acted, immediately before the death of the deceased, in place of a parent to the deceased; or
- a spouse
For de facto relationships, a claim can be made as long as the deceased lived with the de facto partner for a period of at least two years. If under two years, it must be proven that the relationship was committed to the long term.
Family members can only claim if they can show they reasonably expected to receive financial or material support from the deceased while they were alive, not just because they are related.
Key Considerations to Proving a Claim
- It must be established that another party’s negligence caused the death.
- Evidence of dependency (e.g., financial or emotional reliance) on the deceased must be provided.
What Can I Claim For?
You’re able to claim for the loss of any financial contributions (current and future) that they would have been bringing to the household (i.e. being the main income for the family, otherwise known as breadwinner) as well as the domestic services they used to provide you with during their life.
Compensation for death dependency can include:
Loss of Income: Compensation for the income the deceased would have provided from the date of passing
Loss of services: The costs of any services the deceased provided such as childcare, home maintenance, or caregiving.
Superannuation death benefit
Funeral expenses: Reasonable costs incurred for the funeral
Is there a Time Limit to Start a Claim?
Strict time limits apply to all death dependency claims. You have three years from either the date of the accident or the loss of dependency for court proceedings to begin.
Generally speaking, you must lodge a Notice of Claim Form and serve a notice to all parties that you believe may be at fault for the death of your loved one – the time limit for this will vary from within one month of retaining a lawyer to within nine months of the accident.
Nervous Shock Claims
Witnessing or being informed of the fatal accident of a family member is extremely traumatic and can often lead to a psychological injury known as nervous shock.
Nervous shock can include adjustment disorders, depression or Post Traumatic Stress Disorder (PTSD), which can severely impact everyday life, work, finances and mental wellbeing.
A nervous shock claim can compensate for the loss of income and mental health treatment costs.
Unfortunately, there is the reality that some people will fall into both categories, whereby they have a dependence on the deceased, as well as suffer nervous shock. In this instance, you would be able to claim for both aspects.
Getting Started With a Dependency Death Claim
Following the loss of a loved one, we understand that you’ll be going through a very difficult time. As a result, you may not be emotionally ready to make a claim. Although there are time limits, you should only claim once you’re ready to do so.
Contact the compensation claim lawyers at Seymour Furlong Lawyers in Queensland to learn more about the claim process and to discover where you stand legally.
Frequently Asked Questions
How is Compensation Calculated?
The law that applies to death dependency claims in Queensland depends on the circumstances surrounding the death. For example, the process may differ depending on whether your loved one was injured in a motor vehicle accident or an accident at work.
As a result of this, compensation levels will vary between claims. When calculating compensation for your loss, many factors are considered, including:
– The nature of the dependency you had with your loved one
– The length of your relationship with the deceased
– The loss of income
– Any future expenses you’ll be responsible for following their loss
– Any contributions the deceased made towards your living expenses
Each claim is treated individually, so there is no set date for receiving confirmation that it has been accepted.
When can I lodge a death Claim?
– Motor vehicle accidents
– Workplace accidents
– An accident in a public place or on private property
What Information Will I Need to Prove a Claim?
To lodge a claim, you must prove your dependence on the deceased.
To prove this, you should gather documents proving your relationship with the deceased, including Marriage certificates or documents proving your de facto status.
You will also need to provide proof of death, which you can do with a death certificate.
Gather other relevant receipts for domestic and funeral costs, as well as tax returns for you and the deceased for the three years prior to the accident.
How much money will I receive if my claim is successful?
Each claim is processed individually, and the amount that you receive will be dependent on several factors, including your financial situation and your level of dependence on the deceased.
What if the Deceased Was Partly Responsible?
If the deceased was partly responsible for the accident, the compensation paid will be reduced by a proportionate amount.
Can Multiple Family Members Make a Claim?
Only one action can be brought on behalf of all dependents. In cases where more than one dependent is involved, any settlement monies must then be apportioned between each dependent. If one or more dependents in the case are minors, then the settlement must be sanctioned by the Supreme Court of the Public Trustee of Queensland.
What Can I Not Claim For?
You cannot claim for grief, distress, or sorrow.
Find Out More
Contact the compensation claim lawyers at Seymour Furlong Lawyers in Queensland to learn more about the claim process and to discover where you stand legally.