Unless you are under the age of 18, a 3 year time limit applies. That is, you must bring your claim and ensure certain things have occurred within 3 years of the date of the accident.
These cases can often be completed within 12 to 18 months. Remember each case is unique and there are cases that take longer than this.
Yes. This is what we call a “nervous shock” claim. The claim will proceed against the party at fault.
Yes it is important that WorkCover be involved as there are lump sum payments that WorkCover will be obliged to pay to the deceased’s partner and children.
Subject to how much lump sum compensation is paid by WorkCover, it will probably be advisable to bring a claim against the CTP insurer of the vehicle at fault.
Yes. If you have had a partner killed in an accident which is the fault of a third party, you can bring a claim against that third party for your loss.
That loss and how it is calculated will depend very much on your circumstances that existed at the time of your partner’s death.
This area of law is complex if you are not practising in it daily. Many lawyers choose not to work in this area because of its complexity.
It is important to understand that the insurer is under no obligation to advise an injured claimant of his or her rights to claim certain damages.
We have been consulted by numerous self acting claimants over the years who have received an offer from an insurer. On many occasions it becomes apparent that the insurer has been attempting to resolve the matter without even allowing for critical heads of damage such as future economic loss or future medical expenses.
If your deceased partner was earning income at the time of his or her death, irrespective of whether that was paid work or income from Centrelink, you can make a claim for the loss of benefit of that income that would otherwise have flowed to you if your partner had not died.
In addition, if your partner carried out domestic duties around the house e.g. mowing, cooking, cleaning etc, you can make a claim for the loss of those domestic services from the date of the accident until the date your deceased partner would otherwise (according to certain statistics) have lived to.
The cost of the funeral and memorial plaque can be recovered.
If you have suffered a psychiatric condition as a result of the sudden death of your loved one, you can bring a claim for damages and loss arising from that psychiatric condition.
The insurer for the party at fault. For example, if your loved one was killed in a motor vehicle accident the claim will proceed against the insurer of the vehicle at fault.