New South Wales is Australia’s most populated state, with roads traversing all cities, towns, and rural areas. Although every precaution is taken to ensure safety on our roads, accidents are inevitable; some of them fatal. There is a tremendous amount of trauma involved for family members and survivors of a fatal accident, and although grieving is a necessary, so is compensation.
Taylor & Scott Compensation Lawyers have been assisting accident victims and their loved ones since 1905 when the firm was established, and are well placed to offer a caring and compassionate service along with strong representation in complex cases that are in dispute. If you need the weight of burden lifted off your shoulders during this difficult time, Taylor & Scott will help you move forward to a brighter future.
Who can make a fatal injury claim?
Anyone who has lost a family member due to a fatal motor vehicle accident can lodge a compensation claim. Honouring a loved one’s life is important, and compensation is one way to ensure life can go on as normally as possible for the rest of the family. If you are one of the following you are eligible to make a fatal injury claim on behalf of the deceased.
- The deceased person’s wife, husband, or de facto partner
- A child of the deceased person
- A parent or guardian of the deceased person
- A sibling, half-sibling, or step-sibling
Can I make a fatal accident claim regardless of fault?
Yes you can, although the amount of compensation paid will depend on the degree of negligence involved. Examples include accidents where multiple drivers are at fault, or ‘blameless accidents’ where no one was at fault. These can include situations such as a driver suffering from a medical episode, or accidents caused by a rogue animal on the road.
Another party was at fault: If the accident was due to negligence of another driver, a compensation claim can be made. Examples include motor vehicle accidents where the deceased was a driver, passenger, pedestrian or cyclist.
The deceased was partially at fault: In motor vehicle accidents where the deceased was partly responsible, a compensation claim can still be made. The payout may be lessened depending on contributing factors that include:
- Driving over the speed limit
- Driving while intoxicated
- Knowingly riding in a car with an intoxicated driver
- Not wearing a seat belt
The deceased was fully at fault: In such cases, family members aren’t generally entitled to compensation. However, if fault is disputed and you have reasonable grounds to prove innocence on behalf of the deceased, Taylor & Scott Motor Vehicle Accident Lawyers can help strengthen your case.
Blameless accident resulting in a fatality: Sometimes accidents occur that are seemingly beyond anyone’s control, and a compensation claim can be made. Examples include:
- A fallen tree on the road
- Animals on the road
- Incidents such as seizures, heart attacks and other medical conditions
What compensation can be claimed after a fatal motor accident?
Fatal motor vehicle accident compensation is designed to assist the family of the deceased in a number of ways. In situations where the accident is caused by another person or persons, compensation is usually paid by their insurance company. Compensation can include:
- Ambulance and hospital expenses
- Funeral and cremation costs
- Lost earnings, income or other financial support the deceased formerly provided
- Rehabilitation costs to assist family members affected by the fatal accident
What is permanent impairment compensation?
People who are severely injured in a motor vehicle accident are eligible for permanent injury compensation. Persons injured in a motor vehicle accident are eligible for a lump sum payment if the accident results in diminished physical or psychological performance that meets government guidelines. Permanent impairment is classified according to thresholds of greater than 10% Whole Person Impairment. This is a one-off claim that can be made once the injuries have settled without expectation of further recovery.
For any compensation information related to motor vehicle accidents, including fatal accidents and those resulting in permanent impairment, contact Taylor & Scott Lawyers for a free case assessment. In most cases, we are able to offer you our ‘no-win no-fee’ guarantee that provides peace of mind and financial security to you from the moment we take your case.
At Taylor & Scott, ‘We Care For You’.