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Wrongful Death Claims


Wrongful Death Claims

The death of a loved one can have a devastating effect on surviving relatives and friends. It can result in emotional trauma, financial hardship and psychological problems for the surviving family members.

If the death of your loved one was the fault of another party, you may be able to make a wrongful death claim. These claims help surviving dependents and family members.

Who can make a claim?

There are a variety of circumstances where you may be entitled to wrongful death claims, including if a family member:

  • Dies in a workplace accident
  • Dies in a motor vehicle accident due to the negligence of another person, or
  • Dies in a public place or on someone’s private or commercial premises where the occupier of the premises has been negligent

If an employee dies at work, the dependents of the employee (e.g. their partner and children) may be entitled to a lump sum death benefits claim. WorkCover may also make ongoing payments for the additional needs of any children of the deceased employees, such as schooling. Additionally, a common law claim for damages may be brought against the employer if negligence can be shown as a cause of the death.

If a person dies in a motor vehicle accident, the dependents may be entitled to compensation against the compulsory third party insurer of the driver at fault. If the person dies in public or on commercial or private property, negligence must be proven against the owner of the property, which may be a business, the government or an individual.

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How to make a claim
Wrongful death claims can be complicated and stressful for family members to deal with after the passing of a loved one. There are varying types of claims that can be made depending on the specific circumstances of the death. Time limits apply, so it’s essential to seek independent legal advice as soon as practical.

At Brisbane Lawyers, we can help you navigate the complex claims process. We charge no fees until the successful conclusion of your claim and we pay all the outlay costs, including medical and investigation reports until your claim is over. No Win, No Fee – that’s our promise.

Speak to one of our experienced lawyers on 07 3422 4302 or contact us today.

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