Fatal Dependency Injuries

 

On average each year in Queensland hundreds of people are fatally injured and many thousands are hospitalised as a result of accidents.

 

The physical, emotional and financial impact of fatal injuries caused by accidents is crippling for many people and their families.

 

Your personal injury lawyer at Macquarie Legal has the experience and knowledge required to guide you through the claims process and ensure you receive the compensation to which you are entitled.

 

What Happens in the Event of a Fatality?

 

If you are a relative or dependent of a person who was fatally injured as a result of a motor vehicle accident and were financially dependent on that person, you may be able to claim compensation.

 

This entitlement also includes an ability to claim the reasonable cost of funeral expenses.

 

If you are unsure, contact your personal injury lawyer at Macquarie Legal to review the matter.

 

Am I Able to Claim?

 

You may be able to make a claim for compensation if:

 

1.       You were injured in an accident related to a motor vehicle; or

2.       A relative was fatally injured and you were financially dependent on them.

 

To make a claim, you must be able to establish that another party (other than you) was at least in part at fault.

 

If the vehicle at fault is unidentified or unlicenced, you may still be able to make a claim.

 

If the incident took place in Queensland it will be necessary to contact the relevant insurer for information about the incident. Your personal injury lawyer at Macquarie Legal is able to make these enquiries on your behalf.

 

What if We were Partly at Fault?

 

If the deceased person was partly at fault for the incident, you are still able to make a claim. There are circumstances where a party may be partly at fault and which may result in a reduction of the award of damages.

 

How is Liability or Fault determined?

 

We can't advise you fully until we determine who was at fault so each matter needs to be investigated thoroughly. The parties involved will need to be interviewed, and if necessary, witnesses will be contacted.

 

Our investigations are completely independent, however we do sometimes get information from the various parties to help us determine how best to proceed. In particularly complex matters, we may also seek the legal advice of a barrister to determine who was at fault and how best we may conduct your proceeding. Once a full investigation has been conducted, we will advise you of our opinion and of any further matters that need to be addressed.

 

How do I make a Claim?

 

The first thing you'll need to do is contact your personal injury lawyer at Macquarie Legal.

 

We can the assist you in filling out a Notice of Claim form. This form is required to be completed by any person seeking to make a claim in Queensland.

 

You, or someone on your behalf in the event you are under eighteen or cannot complete the document, need to complete the form as soon as possible due to the strict time limits that apply to such claims in Queensland.

 

When completing the Notice of Claim form you are required to provide various information which includes the following:

 

• Date, time and location of the accident

• Names and addresses of all parties

• Names and addresses of any witnesses.

 

Once we have completed your Notice of Claim form with the required information, your claim will be lodged.

 

Is there a Time Limit to Make a Claim?

 

Time limits do apply, depending on your age and situation. In the event that the time limits are not followed, you can be barred from bringing a claim.

 

It is recommended that you seek legal advice with respect to these matters as soon as possible.

 

• A Notice of Claim form must be lodged with the relevant party within the earlier of one (1) month from consulting a lawyer or nine (9) months from the date of the accident.

• If you have not lodged your claim within 3 years from the date you first became aware of your injury, (generally this is the date of accident) you may be legally barred from pursuing a claim.

• If you have not settled your claim within 3 years from when you first became aware of your injury you must ensure that Court proceedings are commenced to preserve your claim.

• If you are under 18 years of age at the time you first became aware of your injuries, different limitation periods will apply depending on your age.

• Claims for financial dependency, as a result of the death of a person upon which you were financially dependent, must be lodged within 3 years of the date of death.

 

Our website contains a brief summary of the information relating to the various limitation periods but is by no means exhaustive. It is recommended that you seek legal advice as soon as possible. Simply complete the ‘Getting Started’ e-form on this page or visit or phone your personal injury lawyer at Macquarie Legal.

 

The Claims Process

 

What happens once I have made a claim?

 

You will receive updates about the status of your claim along with requests for you to provide information or documentation or to attend appointments. The letters we send to you will include a reference number for you to use when you contact us about your claim, as well as the phone number of the solicitor handling your claim.

 

Liability

 

Your personal injury lawyer at Macquarie Legal will investigate the accident to establish the circumstances of the incident and establish the party that was at fault. This may involve the appointment of an investigator to obtain statements from the people involved in the incident and any witnesses to the accident.

 

At the same time that we are conducting our enquiries, the insurer will be conducting their own investigations. On completion of the investigations, we will write to you advising whether liability for your claim has been accepted or denied. If liability is not accepted or only partly accepted we will advise you of the reasons provided for the decision by the other party.