Road Accidents

Death Claims

Partners and dependants of people who die as a result of a transport accident can claim a lump sum payment and a weekly pension.

Lump sum entitlements are indexed annually and as at July 2009 set at between $76,150 and $152,300 for a deceased’s family.

In addition, a partner who was even partially dependent on the deceased may receive a weekly pension, equivalent to 80% of the deceased’s earnings. As at July 2009, the maximum weekly pension was $1,035. If the deceased was responsible for caring for children or the home, the TAC may provide support.

Dependent children of a deceased worker may also claim a fortnightly payment and support for their education from the TAC.

A deceased worker’s family may also be entitled to payment for:

1. medical expenses incurred prior to the deceased’s death;
2. funeral costs; and
3. counselling services.

If the death was caused by someone else’s negligence, dependents may also make a Common Law claim for damages. As at July 2009, the maximum amount was $737,800. This type of claim must usually be brought within six years of the death, although exceptions apply. In a Common Law claim, dependents have a much broader meaning and include any persons even partially dependent on the deceased’s earnings or non-financial contributions, such as child care or home maintenance.

The law in Victoria is beneficial to plaintiffs in Common Law claims in that the deceased’s contribution, if any, to the accident, is not taken into account as it is with other types of claims.