+61 7 3001 2999

+61 7 3001 2999

Death Claims

Have you lost a spouse or a parent as the result of a motorbike
accident, motor vehicle roll-over, industrial accident, electrocution,
aircraft crash, the collapse of an unsafe building structure or other
tragic event?

If you were a dependent of that person, you may be able to make a claim for financial losses caused by the accidental death.  You may also be entitled to make a claim for any psychiatric injury or nervous shock you suffer as a result of the death of a spouse or partner. 

Qld law restricts us from presenting certain information about personal injury compensation law. However, we are able to provide you with more details if you are making a genuine enquiry or are an existing client of Bennett & Philp.

If you want to investigate your rights regarding an accidental death click the "Need to Know More"  box to the right or you can contact us for personalised obligation-free advice regarding your particular circumstances using one of the to following methods that is most convenient to you:

Call Us today Call us on (07) 3001 2999 or use our Toll Free number on the right
Use our Live Chat Talk to our Live Chat operator using the Chat box below
Make an On-line Enquiry Complete the on-line enquiry form to the right
Email us now Contact or email any one of our specialist personal injury lawyers below.

Bennett & Philp Lawyers act in personal injuries claims relating to an accidental death on a no-win, no fee basis.

Commonly Asked Questions:
Am I able to claim loss of dependency?

If the death of a person is caused by a wrongful act of another, the spouse (including de facto), parent and children of the person may be able to claim damages to the extent they were dependent on the deceased person. Additionally, funeral benefits can be recovered in a claim for loss of dependency.

If the person was a PAYG wage earner and was injured during the course of their employment, their spouse and children may also be entitled to statutory benefits by way of lump sum and regular payments from WorkCover.

Contact us today to find out whether you are entitled to make a claim for loss of dependency.

Am I able to claim nervous shock?

If you are psychologically affected by the death of a loved one caused by the negligence of another, you may be able to claim damages for "nervous shock".

Nervous shock is a recognised psychiatric illness, over and above a normal grief reaction. A damages claim can be made for a recognised psychiatric illness.

A damages claim can include:

  • general damages for your psychiatric pain and suffering;
  • out of pocket expenses such as medical, pharmaceutical, psychiatrists' fees and costs which you have paid for yourself;
  • past and future loss of income and superannuation entitlements caused by your inability to work due to psychological injury, and
  • cost of future psychiatric care.

Your damages are generally tax-free.

Contact us today to discuss your specific circumstances.

Am I able to claim death benefits on an insurance or superannuation policy?

Death benefits are payable under a life insurance policy and as part of superannuation policies.

Often, death benefits are attached to income protection and superannuation policies. These policies are often taken out when persons take out loans and mortgages.

You may be able to claim for insurance benefits as well as for damages in the event that the deceased died as a result of the negligence of others.

Contact us to investigate your potential compensation entitlements.

What are the time limits?

The law relating to dependency and nervous shock claims is complex and strict time limits apply.

The time limits can vary according to the cause of death - it is important that you contact us immediately and we will give obligation-fee advice regarding this.