When a family member or spouse dies as a result of a car accident, it can be extremely distressing for the loved ones left behind. But if the accident occurred due to someone else’s negligence, you may be entitled to claim for fatal accident compensation.
At Owen Hodge, our personal injury lawyers have significant experience in compensation claims for the victims of fatal car accidents. Speak to our fatal car accident lawyers if you have any questions, or read on to learn more.
Who can make a fatal motor vehicle accident claim?
Under Section 4 of the Compensation To Relatives Act 1897 (New South Wales Consolidated Acts), people who can make a claim for compensation are as follows:
- Spouse or de facto partner of the deceased
- Brothers, sisters, half-brothers and half-sisters of the deceased
- Parents of the deceased; and/or
- Children of the deceased
How to claim damages after a car accident
To make a personal injury claim for a loved one who was involved in a fatal car accident, you must do the following:
- Report and notify the relevant authorities about the accident
- Lodge a ‘Motor Accidents Compensation to Relatives Claim Form’ within 6 months of the accident
- Seek legal advice from a fatal car accident lawyer.
Claims for compensation can also be made for fatal accidents on the road involving cars, pedestrians or bikes.
- Pedestrian accident
- Bicycle and motorbike accident claim
- Truck and taxi accident compensation
- Hit and run compensation
How do you determine if the other driver was negligent?
Whether or not a person has been negligent will depend on the circumstances of the accident. However, drivers do have a duty of care to all fellow road users (including passengers and pedestrians). A person may be negligent if they did not take reasonable care while driving, such as:
- Driving while exceeding the speed limit
- Driving while intoxicated (drugs or alcohol)
- Failing to obey a traffic light or sign
- Failing to keep a proper lookout for other vehicles
It is important to speak to a fatal car accident lawyer if you believe the other driver involved in the car accident was at fault/negligent.
How long do you have to make a claim after a car accident?
Fatal car accident claims for compensation should be made within 3 years of the accident.
Learn more: personal injury claim time limits
What compensation can be received?
Compensation can be received for:
- Payment of any reasonable expense for the funeral or cremation of the deceased
- Hospital and medical expenses
- Compensation for the loss of financial support as a result of the death
- Compensation for any past economic loss on account of the accident
- Compensation for any loss of services caused by the death, such as the care of young children
Our car accident lawyers at Owen Hodge will ensure that your case is put forward in the most effective manner to ensure you receive the highest amount of compensation through negotiations and trial.
Speak to a fatal car accident lawyer
When grieving the loss of your loved one, it is extremely difficult to comply with all of the requirements needed to make a successful claim for compensation. At Owen Hodge, our car accident claim lawyers ensure that the accident is reported to the police within the stipulated time period. We also investigate and obtain the details of the vehicle and the driver who caused the accident. Then we will work with you to submit a claim for compensation.
If you have any questions about the fatal car accident claims process, speak to the fatal car accident lawyers at Owen Hodge. Call 1800 770 780 to organise an initial consult.