A loved one's death caused by another's negligence. You have the right to claim.

Wrongful death claims in Australia are governed by state and territory legislation and can be brought on behalf of the estate of the deceased and, separately, by eligible dependants. Dependants typically include a spouse or de facto partner, children, and — in some jurisdictions — parents, siblings, or others who were financially dependent on the deceased. In some states, a specific solatium payment is available to close family members to acknowledge grief and loss of companionship, regardless of financial dependency. Who can bring a claim and what they can claim differs between jurisdictions, so specific legal advice for your state is important.

In a personal injury claim, the injured person sues for their own losses — medical expenses, lost income, pain and suffering. In a wrongful death claim, the claim is brought by the estate and/or the dependants of the person who died. The estate's claim covers losses suffered by the deceased themselves before death (such as medical expenses and pre-death pain and suffering, depending on the jurisdiction). The dependants' claim covers the financial impact of the death on them — loss of financial support, loss of guidance for children, and funeral costs. Because the deceased can no longer give evidence, wrongful death cases rely heavily on documentary evidence and independent witnesses.

A coroner investigates the cause and manner of death but does not determine civil liability or award compensation. However, coronial findings — including findings that identify negligence by an employer, medical practitioner, or other party — can be extremely useful in subsequent civil proceedings. The coroner's findings are not binding on a civil court but can be tendered as evidence and can provide a roadmap for the civil claim. A lawyer can assist family members in participating in the inquest (for example, by asking questions through counsel) and in using the findings strategically in a damages claim. It is important to note that civil limitation periods may run concurrently with the inquest, so legal advice should be sought promptly.

Compensation in a wrongful death claim can cover: past and future financial dependency (the income the deceased would have contributed to the household over their working life); funeral and burial or cremation costs; medical expenses incurred in the period before death; loss of parental guidance and support for children; and, in states that recognise it, a solatium payment to close family members for grief. Where a surviving family member has developed a recognised psychiatric injury (such as adjustment disorder or PTSD) as a result of the death, they may also have a separate nervous shock claim. A lawyer will assess each head of damage applicable in your state.

Yes. In Australia, close family members who develop a recognisable psychiatric illness — not merely grief — as a result of witnessing or learning of a loved one's death may have a separate negligence claim against the person whose negligence caused the death. These are known as nervous shock or secondary victim claims. Requirements typically include that the plaintiff was a close family member, that the psychiatric injury was a foreseeable result of the defendant's negligence, and that the plaintiff suffered a recognised psychiatric illness rather than ordinary grief or distress. The rules differ between states and can be technical — specialist legal advice is essential.

Limitation periods for wrongful death claims vary by jurisdiction and type of claim. Under most state Limitation Acts, a claim by the estate or dependants must be brought within 3 years from the date of death, though some exceptions apply. Motor accident CTP claims and workers compensation claims have their own separate time limits and notification requirements, which are often shorter. Where a coronial inquest is ongoing, courts may grant extensions in appropriate cases, but this is not guaranteed. Given the variability and the serious consequences of missing a deadline, getting legal advice as soon as possible after the death is strongly recommended — even if you are still processing your grief.