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Accidental Death Compensation Claims

Online Inquiry

Posted on

December 22, 2021

by

Motor Accident Compensation, Workers Compensation
funeral putting flowers

Grieving is a tough and emotional experience, but losing a loved one suddenly may add to the stress by causing financial hardship or having a severe psychological impact. When a loved one passes away suddenly or prematurely, members of the family who were economically dependent on them are sometimes left abandoned. You may be entitled to compensation for death of your family member or loved one if they had a workplace accident, motor vehicle accident or medical negligence.

For workplace accident

Entitlements

You may be entitled to compensation if you are a relative or dependant of a current or past employee of an Australian Government agency or statutory authority, or of a self-insured licensee, who died as a result of a work-related accident or sickness. Your entitlements may include:

Lump sum payment

$849,300 can be awarded as of 1 October 2021 by way of lump sum death benefit payments. If there is more than one dependent, then the amount will be apportioned between all parties.

Weekly payments

Up to $152.00 per week can be awarded for each dependent child up to the age of 16, and/or 21 if they are in full-time education.

Funeral expenses

Up to $15,000 can be paid to organise the funeral which may include transportation costs, cemetery site costs, death certificate, and professional & service fees.

Who is a dependent?

You are a dependant if you were financially dependent on someone at the time of their death, either entirely or partially, and you played the role of their spouse, parent, step-parent, father-in-law, mother-in-law, grandparent, kid, step-child, grandchild, sibling, or half-sibling, or you took the role of their parent, or they took the role of your parent.

What to provide?

In order to claim funeral expenses and support payments, you may need to provide:

  • Police report regarding the incident
  • Information from the employer and witnesses
  • Death certificate, autopsy report and medical records
Calculate your compensation claim
motor vehicle on a road in sydney

For motor vehicle accident

Entitlements

You may be entitled to compensation if you are a relative or dependant of someone who died as a result of a motor vehicle accident such as a car and motorcycle accident. Your entitlements may include:

  • Funeral expenses
  • Loss of financial support & service
  • Medical expenses
  • Loss of earnings

Eligibility

You may be entitled to accidental death compensation if your loved one was not, partially or completely at fault. If he/she is partially or completely at fault, the amount of the compensation benefits may be less.

Which factors make you partly or fully at fault?
  • Driving under the influence of drugs and alcohol or travelling with a driver who is under the influence of alcohol or drugs
  • Driving over the speed limits
  • Not wearing a seat belt in the car/bus/truck or helmet on the motorcycle/bike

Time limits

You must make a compensation claim for the death of your loved one within 3 years after the accident.

How to claim?

  • Report the accident to the police
  • Get the registration number of other vehicle(s)
  • Fill out the motor accident compensation to relatives claim form and send it to the CTP insurer
Calculate your compensation claim

Get free legal advice

Whilst filing an accidental death compensation claim will never completely cove what had happened, it may assist you in regaining economic security, obtaining practical assistance in your home, or obtaining necessary mental health care and support. Our knowledgeable and compassionate personal injury lawyers in NSW and WA are able to give you personalised legal guidance and walk you through each stage of the claiming process so you can get the compensation to help you get up and live your best life. Reach us on 1800 952 898 or fill in the form below.

Call Now 1800 952 898

Free Initial Consultation Form

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Kristy W
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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

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The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

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The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

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Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.
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Kristy W

Read More
The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

Read More
The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

Read More
The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

Read More
Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
Previous
Next

*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

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