Death and Dependency Claims
Losing someone due to another party’s negligence or a workplace accident is devastating. If you have lost a family member in circumstances where someone else was at fault, you may be entitled to compensation for the financial and personal loss their death has caused.
Death and dependency claims, also known as wrongful death claims, allow the dependants and close family members of a person who has died as a result of negligence or a workplace injury to seek compensation from the party responsible. These claims recognise that the financial and practical consequences of losing a provider, carer, or partner can be profound and long-lasting. NSW law provides a clear framework for pursuing these claims, and we handle the legal process with the care and discretion the circumstances require.
No legal process can address the full impact of losing someone. What a claim can do is provide financial stability for those left behind, and hold the responsible party accountable. We handle everything involved in the legal process so that you can focus on what matters most.
Who Can Claim
Claims following a death may be available to:
- A spouse or de facto partner of the deceased
- Children of the deceased, including adult children who were financially dependent
- Parents who were dependent on the deceased
- Other family members who can demonstrate financial dependency on the deceased
- The estate of the deceased, where the deceased survived the accident for a period before passing
Claims may arise from fatal workplace accidents, motor vehicle accidents, medical negligence, public liability incidents, or any other circumstances where a third party’s negligence caused or contributed to the death.
How a Claim Works in NSW
Death and dependency claims in NSW are governed by the Compensation to Relatives Act 1897 and, in workplace contexts, by the Workers Compensation Act 1987. The nature of the claim and the avenues available depend on the circumstances of the death.
- Obtain legal advice as early as possible. Time limits apply and vary depending on the nature of the claim.
- Identify the circumstances of the death and the parties who may bear legal responsibility.
- Gather evidence including coronial findings, medical records, workplace incident reports, and financial records establishing dependency.
- Lodge claims through the appropriate pathway, whether workers compensation, CTP, common law, or public liability.
- Negotiate settlement or, where necessary, pursue the matter through the courts.
What Compensation Could You Receive?
Death and dependency claims involve multiple legal frameworks, significant emotional weight, and defendants who will be represented by experienced legal teams. We handle every aspect of the legal process on your behalf, including:
- Compensation for loss of financial support provided by the deceased
- Compensation for the loss of domestic services the deceased provided to the household
- Funeral and burial expenses
- Compensation for nervous shock or psychological injury suffered by close family members who witnessed the death or its immediate aftermath
- Lump sum workers compensation payments where the death occurred in a workplace context
FAQ
The coroner has not yet finalised their findings. Should I wait before seeking legal advice?
No. Getting legal advice early is important regardless of where the coronial process is up to. Coronial findings can support a civil claim but are not a prerequisite for starting one, and waiting can cause time limit issues. We can advise you on the right timing for each step.
My partner and I were not formally married. Am I still entitled to claim?
Yes. De facto partners are recognised under NSW law for the purposes of dependency claims, provided the relationship can be established. The length and nature of the relationship will be relevant, and we can advise on what evidence supports the claim.
The person responsible for the death has also died. Can I still pursue a claim?
In many cases, yes. Claims can often be made against the deceased person’s estate or their insurer, depending on the circumstances. We will assess whether a viable respondent exists and what options are available.
