Car Accident Fatalities

When a family member dies as of a motor vehicle accident, whether as a result of the negligence of another or not, and that individual had family dependent upon him/her for support, those family members can make a claim for losses for the value of the dependency which they have been deprived.Certainly if there is negligence by another person involved there will be compensation entitlements, however in certain States and Territories they have a non-fault scheme in operation. Therefore the first thing you should do is call Legal Compensation assistance service on 1300 850 441.

The areas in respect of which compensation may be awarded are the financial loss suffered as a result of the death and any medical, hospital and similar expenses incurred, even if not paid, before the unfortunate death of the person concerned. 

If a family member witnessed the accident or was involved in the aftermath and they develop a psychiatric injury, that person may also have a separate claim.

Some of the issues taken into account to assess damages are as follows:

• The deceased's earnings before the accident 
• Level of dependency of the family members 
• Period of dependency, particularly relevant if children are involved 
• Issues such as remarriage, the ages and needs of the surviving spouse and children are relevant to this.

The estate of the deceased may also have a claim for estate and funeral expenses, the cost of ambulance, medical and hospital treatment undergone between the time of the accident and the time of death may also be recovered.

Don't assume that you will be fairly compensated for your loss as insurance companies will try to limit their payments to the absolute minimum.