Wrongful Death Attorneys
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.
Wrongful Death and Medical Negligence Lawyers: How 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.
When should I contact an insurance lawyer?
Wrongful death claims fall into two broad categories – dependency claims and nervous shock (or mental harm) claims. 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 a loved one. You may also be entitled to coverage for some costs associated with your loved one’s death, such as medical or funeral expenses.
Dependency Claims
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.
Nervous Shock or Mental Harm Claims
A nervous shock claim is separate from 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’ll guide you through the claims process with care, ensuring you have all the right information and support during this extremely difficult time.
When should I consider making a wrongful death claim?
Claiming after a motor vehicle accident
If you have lost a loved one in a motor vehicle accident, where another party or entity was at fault, you may be eligible for wrongful death compensation. We’ll help guide you through this complex and challenging time, with human-centred advice and decades of legal expertise.
Claiming after medical negligence
If your loved one’s death was the result of a breach in a healthcare provider’s duty of care, you can make a medical negligence claim to help deal with medical and funeral expenses, as well as emotional and psychological injury that you have suffered as a result. We’re here to support you as you navigate this extremely difficult and troubling circumstance, with the trusted advice you need to move forward.
Claiming after a workplace incident
In the tragic incidence of a loved one’s death in the workplace, you may be entitled to compensation as a family member to cover bereavement counselling, funeral and medical costs. We understand how complicated and harrowing facing legal proceedings can be after losing a loved one: we’re here to help you protect your family going forward with the right advice and a compassionate team.
Who can claim in the event of a wrongful death?
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
Why work with us at Denning Insurance Law?
No Win No Fee
We will always give you the most cost-effective options for legal support, including ‘no win no fee’ arrangements for our personal injury legal services. If your case is not successful, you will not be required to pay any legal fees to us at all.
Highly Experienced
We’re experts in our field, with two decades of experience. We have specialised knowledge in niche personal injury and insurance areas, so when the worst happens, we’re here to provide the support you need.
Seamless Management
From the moment you contact us about your claim to the day you receive your settlement, you will be getting empathetic, one-on-one support from our expert team. You won’t have to tell your story over and over. You can expect personalised, compassionate and pragmatic legal advice at all times.
Doyle's Guide Recommended
As a Doyle’s Guide recommended firm, we have been recognised for our expertise and abilities in the area of insurance law. We’re proud to be recognised by Doyle’s, who surveyed our peers, who wholeheartedly recommended us.
Top Tier Expertise & Boutique Firm Support
Our firm was founded on top-tier firm expertise, and we bring that with us when we work for you. But we’re also a small, local firm, so you’ll get the benefit of having our personal focus and attention at all times.
Accredited Personal Injury Law Specialist
Our principal lawyer is an Accredited Personal Injury Law Specialist who has successfully completed an advanced, peer-reviewed assessment program and demonstrated their high level of knowledge and skills in personal injury, wrongful death, and insurance law.
Free Initial Consultation
We understand just how distressing this time can be for surviving family members. That’s why, for our wrongful death and personal injury cases, we can provide a free 30 minute initial consultation. We can assess the merits of your case and let you know the best next steps without any obligation on your part.
Our Frequently Asked Questions for Wrongful Death Claims
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?
This is a claim for compensation by those who relied upon the deceased. The intent is to give the family or loved one access to financial support to help them deal with the loss of support that they are experiencing in the wake of a wrongful death. You can claim for both loss of domestic support and financial support – it’s not entirely determined by the income of your lost loved one.
What is a nervous shock claim?
Unlike 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 suffers a psychiatric or psychological injury.
Pain and suffering, loss of income, mental health treatments, and more can be included under compensation for nervous shock.
When can I make a medical negligence claim? What counts as medical negligence?
If your loved one’s death was preventable by the healthcare professionals who were supposed to be caring for them, you may be eligible for wrongful death compensation under medical negligence. If your loved one experienced a misdiagnosis or a delayed diagnosis, a lack of appropriate monitoring, or was given inappropriate medical treatment, you can seek advice from a medical negligence lawyer.
Do I need to be an immediate family member to make a 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, for which you could be entitled to compensation.
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 in Queensland?
The amount of time you have to make your claim will depend on the kind of claim you are making and will vary from state to state. However, in Queensland, these time limits can be as little as 6 months after a death, and as long as three years. It’s imperative that you get in touch with an experienced lawyer as soon as you are able to, in order to obtain the closure and compensation you are entitled to.
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 from either an individual or a business, depending on the circumstances under which it occurred.
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, which we can help you to collate:
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.
Can stepchildren and de facto partners make a compensation claim?
Stepchildren and de facto partners are considered family members and are able to make wrongful death claims.
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.