Fatal accident claims in Australian Capital Territory
When someone dies because of another party’s negligence, the people who depended on them can claim for the support they have lost, and close family can claim for psychiatric injury caused by the death. The scheme that applies depends on how the accident happened: a road death goes through the ACT Motor Accident Injuries (MAI) Scheme under the Motor Accident Injuries Act 2019, overseen by the MAI Commission; a workplace death through the ACT private sector workers compensation scheme under the Workers Compensation Act 1951, regulated by WorkSafe ACT (Commonwealth employees are under Comcare), which also pays a no-fault death benefit and funeral costs regardless of negligence; and other deaths, including in public places and from medical negligence, through the Civil Law (Wrongs) Act 2002 (ACT).
Who can claim
Spouses and de facto partners, children (including adult children who were dependent, and children born after the death), and in many cases parents, siblings and others who relied on the deceased financially. Dependency does not require that the person was the main earner: the loss of a parent who ran the household is a real financial loss and is valued as one. The claim is usually brought by the executor or administrator of the estate on behalf of all dependants, so one claim covers the family.
How the claim is valued
The core of a dependency claim is the share of the deceased’s income that would have supported each dependant for the rest of their expected working life, less what they would have spent on themselves, discounted to a present-day lump sum. To that is added the value of the services they provided, funeral expenses, and in some states a fixed solatium for grief. Where a family member has developed a recognised psychiatric condition from the death, that is a separate nervous shock claim with its own damages.
Workplace deaths
Every workers compensation scheme pays a statutory death benefit and funeral expenses to dependants without proof of fault, often within months. A common law claim against a negligent employer or third party can follow for the larger dependency loss. WorkSafe investigations and coronial findings are important evidence and your lawyer will obtain them.
Time limits
Dependency and nervous shock claims carry the same 3-year limit as other personal injury claims in Australian Capital Territory, with the scheme notice periods on top, and the limit runs from the date of death. Statutory death benefits should be claimed as soon as the family is able. We handle these claims at the family’s pace and without pressure; the first call can be with a relative or friend if that is easier.
What you can claim
- Loss of the financial support the deceased provided, to retirement age
- Loss of the services they provided: childcare, housework, maintenance
- Funeral expenses
- Psychiatric injury to close family members who witnessed the event or its aftermath
- Counselling and treatment for dependants under most schemes
Evidence to keep
Claims are won on what can be proved. Keep:
- The death certificate and, where there is one, the coroner’s finding
- Police or workplace safety reports
- Evidence of the deceased’s income and contribution to the household
- Details of dependants and their ages
- Funeral invoices
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Canberra who handles fatal accident matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Who can make a dependency claim?
Spouses and de facto partners, children, and other people who were financially dependent on the person who died. The claim is usually brought through the estate.
Can I claim for my own grief?
Grief alone is not compensable, but a recognised psychiatric injury caused by the death, such as PTSD or major depression, can be claimed by close family members.
Are funeral costs covered?
Yes, reasonable funeral expenses are recoverable under every scheme.
Is there a time limit?
Three years in Australian Capital Territory, with scheme notice periods on top. We will tell you what applies and handle the notices so the family does not have to.