What can I be compensated for after a fatal car accident?
If there’s been a car accident fatality in your family or you have witnessed the accident, you may be able to access compensation for:
Medical or hospital expenses
Funeral or cremation expenses
Loss of the deceased's financial support
Emotional impact of the fatal car accident
Who can make a compensation claim after a fatal car accident?
Family members and ‘dependents’ of the deceased can make a claim for compensation after a car accident fatality. This may include the deceased’s:
Spouse or de facto partner
Children including stepchildren
Parents
Grandparents
Siblings
You may also be able to make a claim for compensation if you witnessed or assisted at the fatal car accident or were sufficiently close to the deceased and you have suffered psychologically because of their death.
Statutory workers’ compensation claim if fatal car accident is in the course of work
If your loved one has died in a fatal car accident while driving to or from work or while carrying out their work responsibilities, you may be eligible to make a statutory workers’ compensation claim. Each Australian state and territory has workers’ compensation laws determining which family members can claim in this situation, and what amounts can be claimed. However, it's important to understand what you may be able to claim for:
Reasonable funeral costs
A lump sum death benefit, and/or
Periodic payments
The lump sum and periodic payment amounts are determined by a formula, which is reviewed annually. Your workers’ compensation solicitor can assist you in relation to a statutory workers’ compensation claim, if your loved one was involved in a work-related car accident fatality.
Does CTP insurance cover death?
Family members and ‘dependents’ of a person killed in a motor vehicle accident can bring a claim for compensation against the ‘compulsory third party’ (CTP) insurer of the driver’s vehicle determined to be at fault in the accident.
The fatal traffic accident may have involved cars, trucks, motorbikes, bicycles, or other kinds of motor vehicles.
Shine Lawyers are fatal car accident claim experts
As one of the largest plaintiff law firms in Australia, we have the expertise and dedication to achieve outcomes that truly matter to our clients.
Our personal injury legal services are offered on a No Win, No Fee* basis. You won't have to worry about legal fees unless we achieve a successful outcome for you. Get in touch with one of our friendly Client Service team members today to arrange an obligation-free consultation.
*Conditions Apply
We are ready to take action to get you quick access to the help and compensation you need to right wrong.
Fatal car accident claim FAQs
Are there motor vehicle accident lawyers near me?
Are there motor vehicle accident lawyers near me?
With more than 40 branches across Australia and nearly 1000 team members, location is no barrier when it comes to accessing Shine Lawyers' legal advice and support after the loss of your loved one in a fatal car accident.
If you’d like to speak to our motor vehicle accident team in person, you can see our full list of locations here.
If you can't find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your fatal car accident claim following the loss of your loved one with the same level of quality, care and commitment.
Do you have a claim?
We’re here to make the claims process as simple and stress-free as possible.
