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Death and Dependency

The death of a loved one can be a life changing event.

If you have suffered the loss of a loved one due to the negligence of a third party or avoidable accident you may be entitled to pursue a claim for dependency (referred to as a “dependency claim”) and/or losses associated with psychological / psychiatric injury (referred to as a “nervous shock” claim). Such claims are referred to as common law damages claims and have strict time limits in Queensland.

Tragically, lives are lost every day as the result of avoidable accidents or due to negligence. These commonly include:

  • road accidents

  • work accidents

  • faulty products

  • medical malpractice

In the event of a workplace death, you may be entitled to pursue a statutory dependency claim regardless of fault. Such a claim is made against the workers’ compensation insurer and has a shorter time limit than a common law damages claim.

Importantly, every case is different and it is important to obtain advice from experienced lawyers to ensure you are fully informed regarding your personal circumstances, legal rights and entitlements and the time limits associated with protecting your rights.

For further assistance

The team at Southside Legal are experienced in working with people who are suffering trauma, grief and psychological injury. If you’ve suffered the loss of a loved one, and need help understanding if you can make a claim or just want to have a chat to understand your rights, give our team a call today.

Frequently asked questions

  • • Spouse

    • De facto partner

    • Child (this includes stepchildren, adopted children, children whom the deceased assumed responsibility for)

    • Parent

  • Common law damages claim: you must commence court proceedings within 3 years from the date of the deceased’s death. However, there can be earlier steps that need to be taken to notify of the claim depending on the circumstances of the accident. It is important you obtain advice as soon as possible to ensure you are aware of all time limits.

    Statutory dependency claim for work injury: generally, a claim must be lodged with the workers’ compensation insurer within 6 months of the date of death.

  • Unfortunately, grief is not a recognised psychological or psychiatric condition. You must have a diagnosed, recognised psychological or psychiatric injury to pursue a damages claim for injury.

  • Like all cases, they are very fact specific. No two cases are the same. It will also depend on whether you are pursuing a dependency claim or a claim for psychological / psychiatric injury (commonly referred to as a “nervous shock” claim).

    Some of the factors relevant to the compensation you may be entitled to include:

    • the level of your dependency

    • the amount of lost income and associated loss of superannuation

    • future expenses

    • funeral expenses

    • the nature and level of impairment relating to your psychological