Dependency Claims Following Fatal Accidents
Unfortunately fatal accidents still occur on our roads and in our workplaces today, despite efforts to improve driver awareness and workplace health & safety. But fatal accidents can occur anywhere and at anytime, even walking down the street and falling over a trip hazard.
When fatal accidents occur, whether as a result of a car accident, workplace accident, medical malpractice incident, or due to some wrongful or negligent act or omission of another, the repercussions are always devastating to those closest to the victims.
When you lose someone close to you in an accident, who you depended on financially or in some other way (eg. they provided you with personal care and assistance, domestic assistance, yard and home maintenance etc), then you have what is called a “Dependency Claim”.
In a Dependency Claim you can claim compensation for the loss you have sustained because of the accident and loss of your loved one. This could include lost financial contribution toward your household due to the loss of their wage, as well as lost care and assistance they provided to you, into the future. Funeral expenses and any medical and other out-of-pocket expenses incurred as a result of the fatal accident, are also claimable.
Usually, most Dependency Claims are primarily made up of a claim for the loss of the accident victims income contribution to their partner or family into the future, as well as the costs of replacing the care and assistance they provided prior to the accident and were likely to provide in the future. When looking at what loss has been sustained, even the future increased earning potential of the deceased is considered when calculating damages.
Dependency claims are limited to members of the deceased’s family, including a spouse, parent and child of the deceased. Other relatives can claim where they are able to show a pecuniary (monetary) loss (eg. they were being assisted with financial support by the deceased prior to their death and this was likely to continue into the future).
In relation to a claim by a spouse, this includes a defacto spouse and a child includes children not as yet born at the time of the deceased’s death. A child can also claim where the deceased stood in place of a parent to the child before their death, although they were not legally a child of the deceased. Similarly, a person who stood in the place of a parent to the deceased at the time of their death, although not legally recognised as a parent, can also claim where they have sustained loss.
Nervous Shock Claims Arising From Accidents
When a person suddenly loses someone close to them or their loved one suffers very serious life-threatening injuries in an accident, this can often result in psychiatric injury developing because of the shock and trauma involved. Not just the shock and trauma of hearing about the sudden and unexpected death of their loved one, but often it can arise from also seeing their loved one seriously injured following an accident. And this is particularly the case if they witnessed the accident scene. This psychiatric injury is termed “Nervous Shock”.
Nervous Shock can be very debilitating for some, resulting in significant psychiatric injury and symptomatology, including loss of work capacity or the capacity to care for themselves or those dependent on them.
Where a person suffers Nervous Shock because their partner, spouse, parent, sister, brother etc. were seriously or fatally injured in a car, work, medical incident or any other type of accident caused by the fault of another, then they may have a personal injury claim for the loss and damage they have sustained because of that injury. The claim is treated like any other personal injury claim, even though the claimant often was not involved in the accident itself, and the same compensation entitlements apply as in any personal injury claim (see above).
If you have sustained the loss of a loved one in an accident, or someone you or your children, were dependent on for financial support or care and assistance, then you should contact us at Palmers Compensation Lawyers, as we would very much like to assist you in obtaining compensation to ensure you are provided with the support you need.
Loss of Consortium & Servitium Claims Following an Accident
If your partner or spouse is seriously injured in a motor vehicle accident, workplace incident or due to the wrongful or negligent actions of another, then you may also have a claim for loss of consortium. The purpose of such a claim is to provide compensation for the loss of company of a loved one, eg. socialising together, the loss of intimacy & the assistance they provided, as well as the burden of seeing your loved one disabled from their injuries, and often having to provide increased care to them due to their injuries.
A Loss of Consortium claim can only arise where the claimant’s loved one has died in the accident, or the injuries sustained were of a very serious nature. This is a requirement for all personal injury claims in Queensland, pursuant to the Civil Liability Act 2003 (in relation to car accidents & other personal injury claims caused by the negligent actions or omissions of another, save for workplace accidents), and the Workers’ Compensation & Rehabilitation Act 2003 (applies this rule in workplace accident claims.
Loss of servitium claims arise when the person injured in an accident is a primary part of a business or enterprise, and that business or enterprise loses income or is more than likely to lose income in the future, because of the death or serious injuries sustained by their business partner or employee in the accident.
Similarly, claims for loss of servitium are also restricted under the Civil Liability Act 2003 and Workers’ Compensation & Rehabilitation Act 2003, to claims for accidents resulting in fatality or very serious injury.
Palmers Compensation Lawyers are Experts in All Areas of Personal Injury Claim & Would Very Much Like to Assist You
If you or someone you know has suffered loss & damage as a result of a car accident, workplace accident, incident involving medical malpractice, or from the wrongful or negligent actions of another, then you should seek expert legal advice as soon as possible.
Time limits apply to bringing Dependency, Nervous Shock, Loss of Consortium and Loss of Servitium claims, which, if missed, may very well result in the loss of all rights to claim significant compensation and damages.
Palmers Compensation Lawyers specialise in and are experts in all personal injury claims, including Dependency, Nervous Shock, Loss of Consortium and Loss of Servitium claims. We can assist you in identifying if you have a valid claim to pursue and, if so, pursuing your claim for compensation.
To CONTACT US, call 1300 388 383 or chat with us via our LIVECHAT service on this website. You can also submit one of our FREE Instant Case Appraisal forms on our website with your enquiry. We are available to answer your enquiry 24 hours a day, 7 days a week and your enquiry will be dealt with by an expert in personal injury claims.