A Dependency Claim may be brought if someone is killed as a result of another person’s Negligence or Intentional Act

If someone is killed as a result of someone else’s negligence or intentional act, a compensation claim may be brought by the spouse or dependant children of the deceased. This is known as a dependency claim and is a claim for the financial support the deceased would have provided to their spouse and/or dependant children if not for their death. The amount that can be claimed will depend on the deceased’s anticipated earning capacity.

Dependency claims are complex, so if your spouse was killed as a result of an accident caused by someone else’s negligence or someone else’s intentional act, it is important that you seek legal advice as early as possible about what compensation can be claimed. Some examples of the types of matters where a dependency claim can be made include death caused by a motor vehicle accident, medical negligence and murder or manslaughter.

In the case of a motor vehicle accident, it is necessary to prove that another person is responsible for the motor vehicle accident that caused the death of the deceased.  

In the case of medical negligence, it is necessary to prove that the treatment provider breached their duty of care and that breach caused the deceased’s death. A breach of duty of care may be as a result of the treatment provider (including staff at a hospital):

• failing to properly investigate or diagnose an injury or illness;
• failing to provide adequate treatment to address an injury or illness; 
• causing injury during the provision of treatment; or
• performing surgery which results in death.​

In the case of murder or manslaughter, the claim is brought personally against the person found to be guilty for the murder or manslaughter.  These claims can be pursued where the guilty person has assets and you can apply to the Court to freeze those assets while the claim is being pursued. 

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In addition to a dependency claim, a spouse or child may also be entitled to make a claim for psychological injury if it can be shown by medical evidence that the death has caused a recognisable psychiatric injury. The amount of compensation will depend on the level of impact caused by the psychiatric injury on the person’s life or ability to work.

Time limits apply for making a dependency claim.  In all cases, it is necessary to provide notice of the claim to the person or organisation responsible for the death within 6 months of the death. It is also necessary to lodge documents in court within 3 years from the date of the deceased’s death to prevent the claim being “out of time”.  

Contact MKF Lawyers by telephone on 08 7093 2998 or by text message to 0482 075 591 for a free and confidential discussion about making a dependency compensation claim today. 

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