Fatal road accident claim

Commonly asked questions about fatal road accident claims:

Following a road fatality you may be able to claim compensation for the following:

  • Funeral costs
  • Hospital or ambulance bills prior to the person dying
  • Loss of financial support as a result of the person dying
  • Loss of duties or services that the deceased had been providing to the family
  • Rehabilitation costs for any psychological effects as a result of the person dying

The insurance company of the negligent party. All drivers must be covered by third party insurance which covers these types of claims.

Contributing factors to negligence include the following:

  • Driving while intoxicated (due to alcohol or drugs)
  • Driving faster than the speed limit
  • Riding with someone who you know is intoxicated
  • Not wearing a seatbelt

That depends on who is found to be negligent, and to what extent. For example, if the person who died was partly responsible for the accident, you may still be able to claim compensation but not as much as you could claim if they died through no fault of their own.

You may still be able to seek compensation if the accident was no one’s fault. For example, the accident may have resulted from a driver suffering an illness (eg. a seizure) whilst driving, or from a tree falling on the road.

The time limit to claim is six months from the person’s death, or the date of the accident. It is advisable to seek compensation as soon as the fatal accident has occurred, in order to maximise your chances to receive the compensation you deserve.

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We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.
We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.
We speak clearly and directly, so you understand our advice and can make decisions with confidence.
We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.
We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.
We make the process easy for you with the latest tech to keep services cost effective—and you in control.

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