Wrongful Death Lawyers
Dependency Claims After a Fatal Accident
When you lose a loved one after an accident or incident, whether as a result of a car or biking accident, a workplace incident, medical malpractice or some other wrongful or negligent act, the repercussions can be devastating. You may suffer from the loss of financial and emotional support, grief and much more. And you may also be entitled to a dependency claim for compensation for that loss.
Nervous Shock
A nervous shock claim is separate to a dependency or fatality claim. It can be brought when a person suffers a psychological or psychiatric injury as a result of the death of their loved one. Compensation for nervous shock may include pain and suffering, medical and mental health treatments and loss of income.
We Can Help
While we recognise that no amount of money can replace your loved one, or perfectly remedy the impact that their loss has on you, a dependency compensation can help ease the financial strain that you may be experiencing at an already difficult time.
At Denning Insurance Law, our lawyers are experts in the fields of dependency, fatality and nervous shock claims. We’re here to help you find financial security and ease so that you are able to focus on grieving and healing without financial worries.
Free Initial Consultation
For each of our personal injury cases, we’re happy to provide a free one-hour initial consultation. We can assess the merits of your case and let you know the best next steps without any obligation on your part.
Who Can Claim?
Under Queensland law a dependency or nervous shock claim can be brought by an injured or deceased person’s:
- spouse
- child
- parent
- domestic partner
- sibling
What Loss is Covered?
In Queensland you could be entitled to compensation for the loss of financial support and companionship, and for the suffering that is caused by the death of the loved one. You may also be entitled for coverage over some costs associated with your loved one’s death, such as medical or funeral expenses.
How Long Do I Have to Make a Claim for Compensation?
Dependency, fatality and nervous shock claims are limited by strict time requirements. If you have lost a loved one, get in touch with our expert lawyers as soon as possible to ensure that your rights are fully protected.
Our Frequently Asked Questions for Wrongful Death
Losing a loved one is hard enough and we want to be there to help. To ease the painful and sometimes complicated process of making a wrongful death claim, we’ve included some FAQs that will answer some of the common questions associated with these claims.
What is a dependency claim?
A dependency claim can be compensation for you after the loss of a loved one after an incident or accident, including motor vehicle accidents, workplace accidents, or other negligent acts.
After losing your loved one, you also may experience: losses in financial and emotional support, grief and more which a dependency claim can provide compensation for.
What is a nervous shock claim?
Different to a dependency or fatality claim, a nervous shock claim can be pursued when as a result of the loss of a loved one, it results in a person suffering a psychiatric or psychological injury.
Pain and suffering, loss of income, mental health treatments and more can be included under compensation for nervous shock.
Who can claim?
In Queensland, the law states that either a dependency or a nervous shock claim can be brought by an injured or deceased person’s parent, child, sibling, domestic partner or spouse. A claim can be made on behalf of dependants by the estate or by individual dependants personally.
What loss is covered?
The compensation that is provided in each state is different, but in Queensland, losing a loved one could lead to the loss of financial support and companionship which you could be entitled to compensation for.
This also applies to the suffering that was caused by the loss of your loved one and other potential expenses such as medical or funeral expenses.
How long do I have to make a claim for compensation?
Time limits vary from state to state. However, in Queensland, dependency, fatality and nervous shock claims are always limited by strict time requirements. Get in touch if you have suffered the loss of a loved one, and our expert lawyers will be in touch as soon as possible.
What qualifies as a wrongful death lawsuit?
The family members or survivors of a loved one may sue for wrongful death in the unfortunate case of misconduct or negligence of another. A wrongful death lawsuit will seek compensation for the survivors’ losses.
What kind of evidence do I need for a successful claim?
To assist your lawyer with your wrongful death claim, you should collect the following documents:
Proof of dependency
This can include a marriage certificate or documents that help demonstrate your de facto status.
Proof of death.
This will typically be the death certificate.
Proof of any funeral expenses.
This may be invoices or receipts.
Relevant tax documents.
You can include tax returns that go up to three years prior to the incident for both yourself and the deceased.
How much compensation can I expect to receive?
The compensation that you can receive after a wrongful death claim in Queensland is dependent on a range of factors that surround the loss of your loved one.
This can include the length of your relationship with the deceased, the loss of income, future expenses, and the level of financial dependency.
