- Fatal Accident Claim
Wrongful Death Compensation Claims
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Perth compensation law
Allon Klein Compensation Lawyer
I have over 30 years of experience fighting for injured West Australians, practising only in WA compensation cases. I provide specialist legal advice and expert legal representation.
You deserve your rightful compensation, and I will ensure that you get it.
Personal injury lawyer perth
Wrongful Death Compensation Claims
Under the Fatal Accidents Act 1959 (WA) the wrongful death of a loved one may entitle you to financial compensation, as a wife or husband, Defacto/partner, parent, grandparent or stepparent, son, daughter, grandson, granddaughter, stepson or stepdaughter, brother, sister, half-brother or half-sister for your loss of financial dependence (the financial support being given to you by the deceased that has been lost) .
Other loss that can be claimed includes loss of domestic and other services that would have been provided by the deceased to any such relative. The estate can also recover the deceased funeral expenses.
Only one claim can be made on behalf of the relatives, and that claim is usually made by the executor or administrator of the estate.
Apart from the claim under the Fatal Accidents Act, if you suffer a recognisable psychiatric injury as a result of the wrongful death of your loved one you may have separate personal injury claim for compensation that injury.
I have over 30 years’ experience in personal injury including acting for people who have been affected by and suffered loss as a result of the death of loved one in Western Australia and I have the specialist legal knowledge, skill and experience to help you get your rightful compensation and/or benefits.
Personal injury lawyer perth
Wrongful Death Compensation Claims
Under the Fatal Accidents Act 1959 (WA) the wrongful death of a loved one may entitle you to financial compensation, as a wife or husband, Defacto/partner, parent, grandparent or stepparent, son, daughter, grandson, granddaughter, stepson or stepdaughter, brother, sister, half-brother or half-sister for your loss of financial dependence (the financial support being given to you by the deceased that has been lost) .
Other loss that can be claimed includes loss of domestic and other services that would have been provided by the deceased to any such relative. The estate can also recover the deceased funeral expenses.
Only one claim can be made on behalf of the relatives, and that claim is usually made by the executor or administrator of the estate.
Apart from the claim under the Fatal Accidents Act, if you suffer a recognisable psychiatric injury as a result of the wrongful death of your loved one you may have separate personal injury claim for compensation that injury.
I have over 30 years’ experience in personal injury including acting for people who have been affected by and suffered loss as a result of the death of loved one in Western Australia and I have the specialist legal knowledge, skill and experience to help you get your rightful compensation and/or benefits.
Spouse and de facto claims
Both spouses (legally married partners) and de facto partners (those in a genuine domestic relationship of at least 2 years duration) are eligible to make wrongful death claims under the Fatal Accidents Act 1959 (WA). The claimant must have been financially dependent on the deceased or receiving services from the deceased at the time of their death.
De facto partners may need to provide evidence of their relationship when making legal claims or accessing certain benefits, but their rights are largely equivalent to those of spouses.
Partner claims
In Western Australia, romantic partners who are neither spouses (legally married) nor de facto partners generally do not have a legal standing to make a wrongful death claim under the Fatal Accidents Act 1959 (WA).
However, there are sometimes other avenues for compensation, so if your situation is unclear please contact us to discuss.
Parent and child claims
Claims under the Fatal Accidents Act are focused on the financial losses suffered due to the death of their family member, either through loss of financial support or loss of services.
If a child or parent is financially dependent on the deceased then a claim can be made, but otherwise a claim may not be possible.
Siblings / other relatives
Siblings of a deceased may be eligible to make a wrongful death claim under the Fatal Accidents Act 1959 (WA). These cases are less common and can be more difficult as unlike spouses and parents of children, generally siblings do not financially support each other.
However, a sibling may be able to make a claim if they can prove financial dependency on the deceased at the time of death.
Emotional distress and psychological injury caused by a loved one's death.
Claims under the Fatal Accidents Act are solely focused on economic losses suffered by relatives. Claims for emotional distress and psychological harm are not covered by the Fatal Accidents Act.
You however may be able to pursue your own personal injury claim for a psychological injury. You cannot claim for the usual emotional distress expected to be suffered due to the death of a loved one. If, however, you do not recover from that distress and you go on to suffer a recognisable psychological condition such as depression, anxiety or PTSD, that is likely to be long-term, or you suffer loss of earnings or incur medical expenses because of it then you may be able to pursue your own personal injury claim for compensation for that injury
Perth injury lawyer
No Win No Fee Lawyer Perth
If you don’t win your case, there will be no legal fees to pay to Klein Compensation Law.
We can also assist you with other legal costs called disbursements (such as medical report expenses and court fees). These are separate from legal fees.
For more details, read our No Win No Fee Explainer.
“Allon was the most incredible help at a very stressful time of my life”
Allon was the most incredible help at a very stressful time of my life. Allon's compassionate and professional focus on getting the best outcome in my claim after a car accident meant I could look after my injury knowing that the complications of legal rights were being dealt with.
He took care to explain things to me reducing the confusion around my legal system. He helped explaining my options resulting in a healthy compensation that supported my recovery. I highly recommend his services to anyone who needs someone to trust and be supported in the complex world of law.
Alison
Car Accident Compensation Claim
"You have gone above and beyond"
It has been a pleasure working with you.
You have gone above and beyond and assisted me beyond any expectations I had.
Sam
Common Law Claim
“You made the process stress free”
Thankyou Allon for your recent assistance & representation for my personal injury claim.
You made the process stress free due to your professionalism & 25+ years of experience. You achieved a very good outcome with my compensation. I highly recommend your services to everyone.
Thank you.
Kane
Public Liability Compensation Claim
“Thank you for your assistance, knowledge, professionalism, and empathy over the past year ”
Dear Allon,
Thank you for your assistance, knowledge, professionalism, and empathy over the past year.
I sincerely appreciate all your work with gratitude and kindness.
Jo
Workers' Compensation Claim
Fatal Accident Compensation Claim
FAQs
Making a Fatal Accident Claim in Perth can be a complex process, get in touch if there any more questions I can help with.
What if I can’t afford a lawyer?
I offer a free first appointment in person, by phone, or by email to assess your wrongful death compensation claim.
If I assess that your claim is will likely result in a payout, and I agree to take it on for you, then you have no need to worry about fees. In those circumstances I will offer you my no win no fee service to run your claim with fees only payable upon your case being settled for a lump sum. No fees will be payable along the way to settlement of your claim.
If the death of a loved one was due to a motor vehicle/ICWA accident that was caused by the negligence of another person or if the death was due to a work accident, workplace/industrial accident or public liability accident caused by the negligence of another person, company or entity or if the death was due to a dog attack then in the event of settlement it is likely that most of your legal fees will be covered by the insurer.
You will receive a full explanation of my no-win no fee service at your first appointment.
What are my and/or my children and/or other relatives entitled to under workers compensation?
If your loved one’s death was caused by a work injury or if your loved one was on workers compensation when the death occurred due to an unrelated cause, then you or other relatives of the loved one that were financially dependent that person may be entitled to benefits under workers’ compensation.
Those benefits, depending on individual circumstances, could be a lump sum payment or payment of a child’s allowance or both as well as funeral expenses.
Me and/or my children and/or other relatives have suffered a psychological illness as a result. Can a claim be made for psychological injury?
If you, your children or other relative have suffered a psychological injury as a result of the death of a loved one and that death was due to a motor vehicle/ICWA accident that was caused by the negligence of another person or if the death was due to a work accident, workplace/industrial accident or public liability accident caused by the negligence of another person, company or entity or if the death was due to a dog attack then depending on individual circumstances, any such affected person can make a claim for their personal injury.
How long will it take for the claim to be finalised?
Generally, wrongful death/fatal accident claims will take less time than other personal injury claims. They can take as little as 6 to 12 months. They can however be delayed by investigations into the accident and/or the cause of death by WorkSafe, DMIRS , the police or the Coroner.
A relatives personal injury claim for psychological harm caused by the death of a loved one, generally can be finalised between 18 and 24 months. Such a claim however should only be settled when medical stabilisation is achieved to the extent that a psychiatrist/psychologist can give an opinion with a fair degree of confidence as to the likely long-term effects of the psychological injury including effect on general way of life and work capacity as well as future need for therapy, counselling and/or medication.
What are my and/or my children’s entitlements for a death caused by a motor vehicle accident or common law workplace/industrial accident, public liability accident or dog attack
If the death of a loved one was due to a motor vehicle/ICWA accident that was caused by the negligence of another person or if the death was due to a work accident, workplace/industrial accident or public liability accident caused by the negligence of another person, company or entity or if the death was due to a dog attack then you and/or other relatives that were financially dependent on the loved one, depending on individual circumstances, might be able to lump sum compensation including:
- loss of financial dependency both past and future,
- loss of domestic and/or parental services
- funeral expenses.
Compensation claim explainer
Understanding the Compensation Process
Determining if you have a claim and how likely your claim is to be successful can seem overwhelming and complicated. Whilst it is indeed complex, it is also actually quite manageable with the correct advice and support from an experienced lawyer.
My promise to you is transparency, empathy and support combined with skilled advice from decades of experience.
Book a Free Initial Consultation
Find out where you stand for absolutely no charge. Get a clear explanation of your compensation options, and the likelihood of a successful claim.