Fatal Injury Specialists
A fatal accident claim arises when a person who other family members are dependent upon dies due to the fault of others. The dependency may take any number of forms including financially or for services.
The surviving dependants may claim compensation from those at fault who will usually be covered by insurance and the Insurer will pay the compensation.
Fatal injury or fatal accident claims are often referred to as dependency claims as it is for the surviving family members to show that they were dependent on the deceased and have suffered loss because of the death of their loved one. We are empathic in our dealings with family members who have lost a loved one.
Fatal accident claims may comprise of the following:
- Past medical expenses before death
- Funeral expenses
- Past loss of earnings (including benefits like car and petrol allowances, mobile phone, lap top and employee shares) and superannuation – based upon the proportion that the family was dependent upon them
- Past gratuitous (voluntary) services by family and friends
- Other past expenses
- Future loss of earnings (including benefits above) and superannuation based upon the proportion that the family was dependent upon them
- Future home/domestic services (eg cleaning, ironing)
- Other future services (eg gardening, lawn mowing, home maintenance, painting)
Fatal accident claims are made in addition to life insurance policy payouts or insurance payouts made under a superannuation policy.
It can be difficult for grieving family members to act after they have lost a loved one but early legal advice is recommended to avoid claims being lost due to being made too late.
Sometimes family members who learn of the death of a loved one due to the carelessness of others will suffer a diagnosed psychiatric condition and require medical treatment. They may have a separate claim in addition to the fatal accident claim.