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Death Claims
Where an individual dies as a result of the negligence of another and that individual had family dependent upon him for support, those family members can make a claim for damages for the value of the dependency which they have been deprived.
The Personal Injuries Proceeding Act may apply. See also: Public liability.
The areas in respect of which damages are awarded are the financial loss suffered as a result of the death and any medical, hospital and similar expenses incurred, even if not paid, before the death of your husband.
"Family members" include defacto spouses who were living with the deceased as husband or wife for at least one year immediately prior to the spouse"s death. A child of that relationship living with the deceased is also included.
If a family member witnessed the accident or was involved in the aftermath and they develop a psychiatric injury, that person may also have a separate claim: See: Nervous shock.
Some of the issues taken into account to assess damages are as follows:
- The deceased's earnings.
- Level of dependency.
- Period of dependency.
- Issues such as remarriage, the ages and needs of the surviving spouse and children are relevant to this.
The estate of the deceased also has a claim for estate and funeral expenses, the cost of ambulance, medical and hospital treatment undergone between the time of the accident and the time of death can also be recovered.
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