Wrongful death and compensation to relatives
If someone close to you dies due to the negligence of another, we can take care of the complexity at this difficult time.
What is a wrongful death?
Sadly, sometimes people die through the negligence of others. In the aftermath of a wrongful death, it’s crucial to consult a lawyer who can guide you in understanding potential compensation areas, from loss of earnings to mental anguish.
Aside from the emotional impact, wrongful death can have a big impact on the finances of the family left behind, especially if they relied on the deceased for financial support. This is why there are compensation laws to help recover things like loss of financial support, loss of domestic support, treatment expenses and funeral expenses.
Wrongful death specialists at MEJ can guide you through a wrongful death claim process with sensitivity, privacy and compassion.
The claim process
Wrongful death claims are usually made by the immediate family of the deceased person, like a spouse, domestic partner, parent, sibling or child. There are some situations when others can also claim. MEJ will advise you further about whether you are eligible to bring a claim in all of the circumstances. The claim can be brought against the person or entity, such as a hospital, which wrongfully caused the loved one’s death.
It is important to work with specialists in wrongful death claims to help simplify the process at one of the most difficult times of your life.
Could I make a claim?
Contact us“Samuel kept me informed at every step and took the time to clearly explain the complexities involved. It was evident that he was truly invested in achieving the best possible outcome. Thanks to his hard work and dedication, we reached a result in court that went well beyond anything I could have imagined – one that has secured my ability to take care of both my health and my family for the long term.
— Emma
”
Frequently Asked Questions
Losing someone to another person’s negligence or wrongdoing is one of the most devastating experiences a family can face, and the law recognises that those left behind may have a right to compensation.
In the ACT, certain relatives and dependants of the deceased may claim compensation for their financial losses, including spouses and domestic partners, children, and others who were financially dependent on the person who died. Separately, family members who suffered a recognised psychiatric injury related to the wrongful death may in some circumstances have a claim for nervous shock under the Civil Law (Wrongs) Act 2002 (ACT).
These claims are distinct, and in some cases both may be available. At MEJ, we will carefully assess your circumstances and advise you on every avenue of compensation open to you and your family.
Compensation in a wrongful death claim is not a fixed amount. It is calculated by reference to the actual losses suffered by those left behind, and the circumstances of every family are different.
For dependency claims, compensation typically includes the financial support the deceased would have provided over the course of their working life, the value of services they performed for the household (such as childcare, household tasks, and practical assistance), and funeral and related expenses. Where the deceased had strong earning prospects, or where dependents are young children who would have relied on that support for many years, claims can be substantial.
The damages available in nervous shock claims depend on the severity of the psychiatric injuries and associated losses.
At MEJ, we work with financial and actuarial experts to build a thorough and evidence-based picture of your losses, so that nothing is left unclaimed.
Yes, and this is often the most significant component of a wrongful death claim. If you relied on the deceased for financial support, whether as a spouse, partner, or child, you may be entitled to claim the income and financial contributions you would have received had they lived.
The calculation takes into account the deceased’s earnings and likely career trajectory, the nature and extent of your dependency, and how long that support would have continued into the future. Where children are involved, claims can extend well into adulthood.
We understand that no amount of money can replace the person you have lost, but securing proper financial compensation can provide real stability for your family at an extraordinarily difficult time, and it is something we will work hard to achieve for you.
Nervous shock is the legal term for a recognised psychiatric injury, such as post-traumatic stress disorder, severe anxiety, or depression, suffered by someone who witnesses or learns of the traumatic death of another person in certain circumstances.
In the ACT, nervous shock claims are governed by the Civil Law (Wrongs) Act 2002. To succeed, a claimant must generally show that they had a close personal relationship with the deceased, that they suffered a genuine recognised psychiatric illness, and that it was foreseeable that a person in their position might suffer that kind of harm.
These claims can arise where a family member witnessed the accident or its immediate aftermath, or in some circumstances where they learned of the injury or death of their loved one in a sudden and shocking way. They are a recognised but technically demanding area of law, and the strength of a claim will depend closely on the specific facts.
If you believe you have suffered a genuine psychiatric injury following the traumatic death of someone close to you, please contact us. We will listen carefully to what you have been through and give you an honest assessment of your options.