Fatal Accident Claims

Brand Barristers & Solicitors has extensive experience in representing clients who have lost loved ones due to an accident caused by the negligence of others. These claims can include fatalities arising as a result of workplace accidents, motor vehicle accidents, accidents in public places or on private property, medical negligence or criminal offences. Our Senior Lawyers are specialists in these types of claims in WA.

When a worker has died as a result of a work-related injury, a claim for compensation can be made by the worker’s dependant(s) under the Workers’ Compensation and Injury Management Act 1981. You may be entitled to make a claim for compensation if you are a current or former partner (spouse or de facto), child or other family member (in certain circumstances). 

Where the cause of the worker’s death is not clear, the insurer may be awaiting the outcome of a coronial investigation before they provide their decision on liability. This can often take some time.

Please see the Workcover WA factsheet here for some general information regarding workplace fatality claims.

If you have lost a close relative or partner as a result of a motor vehicle accident, medical negligence or an accident on public or private property and received financial or other support (including support in the home) from that person, or incurred expenses for their medical treatment or funeral, you may be able to make a claim under the Fatal Accidents Act 1959 (WA). You may also be entitled to claim compensation if you have suffered psychological injury as a result of the wrongful death of a loved one. Claims as a result of motor vehicle accidents are managed by the Insurance Commission of Western Australia (ICWA).

We understand the impact the loss of a loved one has on your life as well as the lives of your family and friends. We respect the personal toll legal matters take on your physical and mental health and financial wellbeing. Our team will support you throughout the process, providing clear, personalised and practical advice, based on years of experience.

Claims need to be made within three years of the date of the death or injury. We recommend that you contact us as soon as possible following the event given time restrictions exist around making a claim. Your first consultation is obligation-free to assist you in determining if you have an eligible claim and  appropriate next steps.

Contact Brand Barristers & Solicitors today to make an enquiry.