The death of a loved one is devastating, no matter what the circumstances.
When a person is killed due to the negligence of another it can leave the dependants of that person, often their spouse and children, at a loss; financially and emotionally.
If the death of your loved one was the fault of another, be it at work, in a motor vehicle accident, airline accident or in a public place, you may be able to submit a death dependency claim.
This is likely a very sensitive and difficult time for you, and your family, so if you would prefer to speak to someone directly, just give us a call.
If you are considering making a claim, it will put you at ease that we run every case at Gouldson Legal under our No Win, No Fee Guarantee. This way we can focus on getting you your best result, while you focus on grieving – without any added financial stress.
At Gouldson Legal, we are committed to investigating all possible avenues to secure fair and just compensation for your loss.
Every case is unique and it is therefore best to discuss the individual circumstances of your case with a death dependency lawyer.
Death Dependency Law Process in Queensland
If you have been widowed due to the death of a spouse or parent, or the deceased is someone you are financially dependent upon, you may be entitled to make a death dependency or wrongful death claim.
In Queensland, if a loved one has lost their life as a result of another person’s negligence, you may be able to bring a loss of dependency claim for the loss resulting from their death.
Their death may have been a result of:
- A motor vehicle accident;
- A workplace accident;
- An accident in public or private properties;
- A poor outcome from medical procedure; or
- A product liability related cause.
The loss of a loved one will impact their family members both emotionally and financially. Dependants, who are often the widow, widower or children, will have a right to bring a death dependency claim, if negligence by another party can be proven.
Death Dependency Compensation Gets Calculated in QLD
The law that applies to death dependency claims in Queensland will depend on the circumstances surrounding your loved one’s death, for example; a work related incident or motor vehicle accident.
The amount of compensation that you will be able to access will be different in every case as it varies from individual case to case based upon the precise financial circumstances. Final compensation claims will consider many factors regarding the nature of dependency that you had with your loved one.
Some of these factors include:
- The length of relationship and the level of dependency;
- The deceased’s contribution towards the shared expenses of everyday living;
- The loss of income;
- Any future expenses.
We understand that this will be a very sensitive and difficult time, you may not yet be ready to begin a claim. Though time limitations apply to wrongful death claims, we encourage you to take your time and when you are ready, speak to one of our expert lawyers.
Your lawyer will be there with you every step of the way to ensure you can access the compensation you are entitled to.
Mobile Death Dependency Lawyers
Need a Free Case Review? We come to you, no matter where you are in Queensland.
We understand that you are likely in ongoing pain and struggling with the daily challenges of life post-accident. To ensure the entire legal process is as stress-free as possible, our lawyers will always happily come to you – either at the hospital, your home or a local café – wherever is easiest for you.
If you prefer to meet in one of our offices, you are always welcome at our head office in Brisbane CBD, or you and your lawyer can arrange an appointment at one of our many visited offices.
Give us a call now to set up your free case review.
The dependants of a deceased person will be entitled to make a claim if the death was caused by the negligence of another person or entity. Workplace Deaths: If a person dies at work there is a statutory right for their dependants to make a claim, to WorkCover Queensland. This can include funeral expenses and financial compensation. In a addition to this statutory right if the death was caused by the Employer’s negligence, a common law damage claim may also be available. There are a range of significant factors to consider when deciding whether a common law damages claim can be made. Road Accident Deaths: If a person that you were financially dependent on dies in a car accident, as the result of the negligence of another driver, you may be able to make a claim against the CTP Insurer of the negligent driver. Public Liability Deaths: If a person you were financially dependent on dies due to the negligent actions of another, you may be able to claim against that person for your loss of dependency. Airline Accident Deaths: If a person you are financially dependent on dies in an airline collision, you may be able to make a claim against the Airline’s Insurer, for the loss of financial dependency. Shorter time frames apply in bringing these types of claims. If you have suffered the loss of a loved one under any of these circumstances, you may be entitled to claim compensation. We recommend that you contact Gouldson Legal and speak to one of our expert lawyers, to better understand the process and your next steps.
When you lose a loved one as a result of a work-related event or latent onset injury, you can submit a claim if you are their family, or a person defined as a dependant. A dependant will have a right to lodge a worker’s compensation claim for dependency with WorkCover Queensland. A dependant is typically the spouse or de facto partner of the deceased, as well as any children under the age of 18 or dependent children, over 18, with reduced mental capacity.
Compensation for a fatal injury may include lump-sum or quarterly payments for dependants, as well as reasonable expenses to cover the cost of a funeral.
The extent of the statutory benefit payable by WorkCover is usually determined by the percentage of the dependant’s dependency on the deceased.
There are a number of documents WorkCover will need from you when claiming for dependency for a work-related death. These documents assist WorkCover to determine the cause of the person’s death, your relationship to the deceased and whether a relationship of dependency existed.
The expert lawyers at Gouldson Legal will be able to provide you with a detailed description of all documents required by WorkCover when making your application for dependency.
B. Common Law Claim for Damages
In order to be successful in bringing a common law claim, it is necessary to show that the worker’s death was the result of his employer’s or another party’s negligence. Negligence, in basic terms, means that the deceased’s employer or another person did something wrong, or failed to do something they should have done, and that action or failure to act, should have been prevented or enforced by the deceased’s employer.
A common law damages claim is also made against WorkCover, which then turns into the employer’s public liability insurer.
These claims are made under the tort of negligence and can only succeed if there is an argument of fault on behalf of the employer, their training of the deceased staff member, the systems of work in place etc. The question to ask is, “could the employer have prevented the injury from happening by having a better system of work, better training, better equipment, following their own guidelines etc.?” if the answer is ‘yes’ then there is a claim to be argued and it should be considered.
When making a claim for dependency for a death arising out of a motor vehicle accident, the dependant must lodge a Notice of Accident Claim Form with the relevant CTP insurer within 9 month of the date of the accident or with the Nominal Defendant within 3 months if the at-fault motor vehicle cannot be identified. Failure to lodge a Notice within this time period without a reasonable delay may result in the action being statute barred.
Examples of loss / expenses that may be claimed by a relative / dependant of the person who sustained a fatal injury are:reasonable funeral costs; financial loss arising from the death of an income provider. This could be claims from the surviving spouse (including de facto partner), dependent children and other dependent persons.
You are only able to make a claim for death dependency if you were financially dependent on the deceased person. This typically means their spouse and dependent children.
Unfortunately parents and siblings of the deceased person are unable to bring a dependency claim unless they were financially dependent on the deceased.
The team at Gouldson Legal will be able to assist you with ascertaining if you qualify to bring a Death Dependency Claim.
For a Death Dependency Claim you are able to claim for the loss of financial contributions the deceased would have continued to contribute as well as the domestic services provided to you by the deceased. You may also be entitled to claim the funeral costs.
As Gouldson Legal operates on a No Win No Fee basis, you are entitled to a no obligation consultation. A qualified Gouldson Lawyer will meet with you, answer your questions and discuss the merits of your claim, for no charge!
If you proceed with your claim you will only be charged if you successfully receive compensation. Our professional fees are charged at a competitive rate, not a percentage of your damages. Those fees are capped at 30% of your final compensation payout, ensuring you won’t be left wanting.
If you would like to get this process started, you can do that on any of our from or by giving us a call.
Every claim is an individual as the person making it. There are many variables with every case that can shorten, or prolong, the time it takes for a decision to be made.
Get in touch with the team at Gouldson Legal to find out what you can do to fast track your claim, today!
This is a question that every client asks! It is also a question that is impossible for any compensation lawyer to answer accurately, at such an early stage. The extent of compensation will depend on the severity of your injury and the impact is has on your circumstances.
This will be an important issue for you, so talk to one of Gouldson Legals’ expert lawyers today – get in quick as strict time limits apply to claims.
Yes. Strict time limits apply to all types of personal injury claims, including death dependency claims: you have 3 years from the date of the accident or loss of dependency within which Court Proceedings must be commenced
Generally, you will need to lodge a Notice of Claim Form in accordance with the relevant pre-court process and then serve the Notice on all parties you believe to be at fault for causing the death of your loved one. This must be done within varying periods, depending on the type of claim, it can be; as early as within 9 months of the accident or within 3 months for certain car accident cases; or within 1 month of retaining a lawyer.
Pursuant to the LAA a claim for dependency in Queensland must be commenced in a court within 3 years of the date on which the loss of dependency occurred. If a claim is not commenced in a court within this time the dependant’s right to sue may be lost forever.
To ensure your claim is not held up by complications, contact Gouldson Legal as soon as possible.
Where Do I Begin?
Take the time to adjust to the unfortunate circumstances and spend time with your family members.
Collate the following information/ documentation which are required for all dependency matters:
Proof of dependency: such as a marriage certificate or if you were living in a de facto relationship, documents which demonstrate your de facto status
Proof of death: usually shown by the death certificate
Proof of any funeral expenses
Tax documents: Both the deceased’s and your tax returns for the three years prior to the accident, this will help us show your level of financial dependency upon the deceased.
Contact Gouldson Legal and speak to one of our specialist dependency lawyers.
They will start the claims process within 48 hours as strict time limits apply.
Expect to receive regular phone calls and correspondence from your Gouldson Legal lawyers, keeping you up to date with how your claim is progressing.
Don’t forget to also look after your emotional health during this difficult time. Visit our Support Groups page for more information.
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