Compensation when some dies as a result of a motor vehicle accident in NSW
Compensation is available to family members of a person who dies as a result of a car or other motor vehicle accident in NSW
Funeral Expenses
Statutory compensation is payable for funeral expenses under the Motor Accidents Injuries Act 2017, even if the deceased person was the driver at fault in the accident.
This includes the reasonable cost of transporting the body to an appropriate place for preparation for burial or cremation, funeral director fees, funeral service costs, flowers, coffin, cemetery plot, death certificate and newspaper obituary.
For more information or to obtain a claim form, go to SIRA's website: Funeral expenses - SIRA
Compensation to Relatives
If the accident was the fault of another driver, a claim for damages can be made on behalf of the deceased's close family members who suffer losses as a result of the death.
One claim is made by the deceased’s executor or administrator under the Compensation to Relatives Act 1897 on behalf of the deceased’s spouse (including de facto partner), brothers, sisters, half-brothers, half-sisters, parents, and children.
Damages that can be claimed include:
Loss of the deceased's net income (less their personal expenditure) and other financial benefits and contributions a close family member would have expected to receive from the deceased during their lifetime.
Loss of parental services and care. This can be claimed at commercial rates even if someone else, like another family member, is now providing the care for free.
Loss of gratuitous domestic assistance services the deceased would have been expected to provide family members.
Only one lump sum of damages is awarded which is divided amongst the family members in shares to agreed or determined by the Court.
Where minor children are involved, Court approval of any settlement will need to be obtained.
Nervous shock
A person who suffers mental harm, psychiatric or psychological injury as a result of the death of another person may be eligible to bring a claim for statutory compensation and/or damages for that injury.
A nervous shock claim can be made by close family members of the deceased and anyone who witnessed at the scene the victim being killed, injured or put in peril.
Statutory benefits including weekly payments and medical expenses can be recovered for nervous shock injuries under the Motor Accidents Injuries Act 2017 even if the deceased person was the driver at fault in the accident.
If the deceased was wholly or mostly at fault in the accident, or if the psychological injury is only a threshold injury, statutory compensation is limited to 52 weeks.
A threshold injury is a psychological injury that is not a recognised psychiatric illness, adjustment disorder or acute stress disorder.
Common law damages may be payable for nervous shock injuries that are not threshold injuries where the deceased was not the driver at fault.
Damages that can be claimed for nervous shock injuries include:
1. Past and future loss of earnings/earning capacity and superannuation
2. Non-economic loss (pain and suffering, loss of enjoyment of life etc) where the injury results in a permanent impairment of greater than 10%.
3. Regulated travel and accommodation costs.
4. Cost of financial management of the lump sum if the claimant is unable to manage their own affairs.
Time limits apply so you should obtain legal advice as soon as possible.
Legal Costs
We help injured people claim common law damages for motor vehicle accidents in NSW.
If we believe a claim has reasonable prospects of success, we will enter into conditional (no-win/no-fee) costs agreement which means legal costs are only payable if and when you receive damages or compensation.
Regulated legal costs are claimed from the insurer on top of the damages claimed. In simple assessment of damages claims resolved without Court proceedings, we generally do not charge more than the regulated fees you can recover from the insurer.
For more information book an obligation free appointment with a Personal Injury Accredited Specialist.
DISCLAIMER: This post is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this post you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This post should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment. Liability Limited by a scheme approved under Professional Standards Legislation.
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