Fatal Accident Claims

When someone dies as a result of the negligence of another, it is left to their dependants to seek compensation for the wrongdoing.

Often the deceased's loved ones lose the financial and domestic services which were previously provided by the deceased. In WA a claim may be brought under the Fatal Accidents Act. There is analogous legislation in all states and territories.

Our lawyers understand relationships and the dynamics of modern family life. We also appreciate that the process of making a claim can itself cause emotional suffering.

Relatives are compensated for their loss to the extent that they were financially dependent on the deceased. Their loss may be divided into past dependency (the loss suffered from the date of death until date of judgment) and future dependency. Awards in respect of future dependency are generally more substantial the younger the claimant is. Relatives may also be compensated in respect of medical expenses incurred in treating the deceased and the deceased's funeral expenses. In some jurisdictions, compensation is also awarded for grief and suffering and loss of the deceased's guidance.