The unexpected loss of a loved one is the most devastating experience a family can endure, particularly when their death could have been prevented. At Brand Barristers and Solicitors, our Senior Lawyers provide compassionate legal advice and support to help families understand their rights, determine accountability and pursue compensation following a fatal accident.
Who can make a claim following a fatal accident?
While nothing can compensate for the loss of a loved one, certain individuals may be entitled to seek financial compensation. Eligible persons can include the following:
- Current and former spouses or de facto partners;
- Children, stepchildren and grandchildren;
- Parent(s), Stepparent(s) and grandparent(s); and
- Sibling(s) and half-sibling(s).
What types of accidents can result in compensation?
Fatal accidents can arise in many circumstances, including:
- Motor vehicle accident;
- Workplace incident;
- Medical negligence;
- Accidents on public or private property;
- Boating and aircraft accidents; and
- Acts of violence.
Different rules apply to different type of claims, depending on how the death occurred.
What are the rules for bringing a claim?
If the death occurred at work, the Workers’ Compensation and Injury Management Act 2023 (WA) applies and there are different rules and entitlements depending on whether the accident occurred as a result of another party’s negligence, or not.
If the death occurred as a result of a criminal act, the Criminal Injuries Compensation Act 2003 (WA) may apply, and this imposes strict rules and limits on what may be claimed.
In other cases, legislation including the Fatal Accidents Act 1959 (WA), the Civil Liability Act 2002 (WA), the Motor Vehicle (Third Party Insurance) Act 1943 (WA) and the common law of Western Australia may apply to a claim.
Strict time limits apply and it is important to seek legal advice as early as possible.
What compensation is available?
Compensation is intended to help reduce the financial burden in tragic and difficult circumstances.
If your loved one died as a result of a workplace incident, even if this did not occur as a result of another party’s negligence, you may be entitled to claim fixed amounts for the following:
- A lump sum entitlement if you can prove you were at least partially financially dependent on your loved one;
- A regular allowance for dependent children;
- Funeral expenses up to a maximum amount; and
- Medical and health expenses incurred prior to their death.
If the death arose as a result of another party’s negligence (such as negligence at work, negligent driving, negligent medical management etc.), you may be entitled to claim:
- Loss of financial assistance from your loved one;
- Loss of domestic and household support from your loved one; and
- Medical and funeral expenses.
Contact us for an obligation free consultation.
Fatal accidents are complex. Different rules apply to different claims, and these may also involve concurrent investigation by the State Coroner, WA Police, hospitals (for medical negligence matters) and various other government departments such as WorkSafe, the Department of Mines, the National Offshore Petroleum Safety and Environmental Management Authority and others.
At Brand Barristers and Solicitors, we specialise in fatal accident claims and we pride ourselves on providing clear and personalised advice to help guide you.
If you have lost a loved one and made a claim, contact us to discuss your legal rights and options.
