Brisbane Wrongful Death and Fatality at Work Lawyers

A wrongful death occurs when a person dies as a result of another person’s negligence, reckless behaviour, or intentional actions. This can include a wide range of scenarios, such as deaths caused by car accidents, medical malpractice, workplace accidents, or criminal acts.

A Wrong Death Claim is a claim or claims for damages that arises after the death of someone due to someone else’s negligence.

There are a number of claims that might be available:

• A Dependency Claim: for those that were financially dependent on the deceased. This type of claim can be commenced by a representative or a group of family members collectively. When there is more than one dependent claiming, they must share the settlement. All settlements for people under 18 years of age must be ‘sanctioned’ (approved) by the Supreme Court of the Public Trustee.
• A Nervous Shock Claim: this is a claim by a family member who directly witnessed the incident or are impacted by viewing the scene or hearing of the accident afterwards. If the person suffers a psychiatric injury (known as nervous shock) then they may be able to make a nervous shock claim.
• Loss of Consortium Claims relate to loss of companionship of a loved one, and it can also relate to a claim for loss of a key person in a business.
• Wrongful death at work
• Car and road accidents resulting in a fatality
• Insurance Claim: Many people have death insurance either purchased directly with an insurer, or included in their superannuation. Claims can be made and the amount paid to the nominated beneficiary.

In Queensland, a wrongful death claim can be brought by a “dependant” of the deceased. A dependant typically includes the spouse or de facto partner of the deceased, their children (including step-children), parents, and potentially others who were financially dependent on the deceased at the time of death.

Dependency claims arise when an individual’s death results from an accident caused by another party’s negligence. In such circumstances, surviving family members may be eligible to seek compensation for their loss.

Family members can pursue damages for the loss of services and support that the deceased would have provided to them. This legal framework aims to provide support to grieving families during challenging times..

A Dependency Claim is a type of claim we can help with in the event of a wrongful death.

The duration of a Wrongful Death Claim varies based on complexity, negotiations, and legal processes. To be successful, you must prove that:

• You were financially dependent on the deceased;
• The at-fault party caused your loved one’s death and would have been liable to compensate the deceased for injuries had they survived.

Sometimes, these can be easy things to prove and these claims generally settle within 12 to 18 months. However, more complex claims can take a number of years to resolve.

There are strict time limits that apply to Wrong Death Claims in Queensland. Generally speaking, the dependants must commence a claim within 3 years of the accident resulting in the death of their loved one.

This three-year period is known as the limitation period. It’s important to note that specific circumstances may affect the limitation period (for example, for children, where the limitation period doesn’t commence until their 18th birthday).

The dependents of the deceased have the option to seek compensation for the loss of anticipated financial support from the deceased, including superannuation, as well funeral expenses, and medical expenses.

However, it is important to be aware that damages cannot be pursued for emotional distress, sorrow, or similar forms of suffering experienced by the dependents.

In certain situations, some dependents may be able to claim for loss of services previously performed by the deceased. These services include routine household upkeep, maintenance of the residence, personal assistance and gardening services.

To prove a wrongful death, it must be demonstrated that:

• The defendant owed a duty of care to the deceased.
• The defendant breached that duty of care.
• The breach of duty directly resulted in the death of the individual.
• The death caused the damages that the plaintiff is trying to recover.

This will often require gathering substantial evidence, including medical records, accident reports, and expert testimony. A lawyer can help gather this evidence and build a strong case.

The amount you can sue for in a wrongful death case depends on a variety of factors, including the deceased’s earning capacity, the financial dependency of the claimant, the claimant’s relationship with the deceased, and the circumstances of the death. In addition to economic damages, claimants may also be able to recover non-economic damages for pain and suffering, loss of companionship, and other intangible losses.

However, it’s important to consult with a lawyer to understand the potential value of your specific claim.

Wrongful death settlements are typically paid out in one of two ways: as a lump sum or as a structured settlement. A lump sum payout provides the total amount of the settlement at once, while a structured settlement pays out the total over a series of instalments. The method of payout will be agreed upon during the settlement negotiations.

The types of damages you can recover in the case of a wrongful death depends on the claims available to you.

If you have suffered nervous shock resulting in a psychiatric injury as a result of witnessing or finding out the circumstances of your loved one’s death, you could be entitled to:

• General damages – for pain and suffering;
• Past and future loss of wages;
• Loss of superannuation;
• Past and future medical expenses;
• Other past and future out of pocket expenses;
• The cost of past and future care; and
• Legal costs.

For more information about what you can claim, click here.

If you are making a dependency claim, you could be entitled to claim for the loss of any future financial contributions that would have been made by your loved one. You could also claim the cost of any domestic services they would have provided to you or your family.

If you are making a life insurance claim, the amount you can claim will be detailed in the insurance policy.