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Fatal Car Accidents in Queensland and WA

Fatalities on Australian roads are tragically common. In 2018, 1,135 individuals died on Australian roads. When a car accident ends in fatality, the devastation can be unbearable. Although nothing will ever undo the wrongdoing, compensation may be available to help ease the financial burden that comes with losing a loved one.


This page is written specifically for a Queensland or Western Australian audience. Restrictions in these states prohibit us from showing certain information regarding our legal services, so if you are located outside these states please click here for information on fatal car accidents.

Who is entitled to bring a claim?

In most cases, if you’re a family member of the deceased, you will be entitled to bring a claim for compensation. This includes parents, partners, siblings or children.

If you witnessed the accident or were sufficiently close to the person, and have experienced severe psychological stress from the accident, you may also be entitled to bring a claim.

For more information, please see our Common Questions section below.


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Common Questions

Even if the deceased was partly at fault (for example, they weren’t wearing a seatbelt or were under the influence of drugs or alcohol), compensation may still be available. However, the amount of compensation paid will likely be reduced, depending on where the accident occurred.In Queensland, the fault of the deceased doesn’t impact the amount of compensation that will be reduced. For example, even if the deceased was 50% at fault, 100% of the compensation will still be available.

If the deceased was entirely responsible for the accident, there is generally no right to claim compensation.

The compensation available will differ depending on the specific circumstances of the accident. However, compensation is generally paid to cover things such as:

  • Medical or hospital expenses
  • Funeral or cremation costs
  • The loss of financial support if the deceased was the breadwinner in the family; and
  • The emotional impact the accident has had on you.

If you decide to bring a legal claim, one of Shine Lawyers’ expert motor vehicle accident lawyers will be able to discuss your compensation options in full.

Following the death of a loved one, bringing a legal claim is probably the last thing on your mind. However, it’s important to lodge your compensation claim as soon as possible after the accident, as time limitations apply.If the vehicle that caused the accident can’t be identified (in a hit and run for example) then strict time limits apply. A claim must be made within 9 months, otherwise you will lose your right to compensation.

If the other vehicle can be identified, a claim form should be lodged with their CTP Insurer as soon as possible, preferably within 9 months unless there is an excuse for the delay.

It’s also important to note that a three-year time limitation applies to all motor vehicle accident claims. If you miss this date, you will likely lose your right to bring a claim for compensation.

Shine Lawyers are experts in the field of motor accident compensation, and can represent you on a No Win No Fee basis. To start your compensation claim, get in touch with us today for an obligation-free first consultation to discuss your case.

Where you are located isn't necessarily a barrier when it comes to obtaining the services of a lawyer. We're experts when it comes to motor vehicle related claims and we can help you get the compensation you deserve.It doesn't matter if you are located close or far away from a Shine Lawyers office - we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.

Our compensation experts are in the following locations in Queensland & WA:

Shine Lawyers are expert motor vehicle lawyers that can help you get the compensation you need following your injury on the road. Click on the link below for more information about how Shine Lawyers can help you today.

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