Fatal road accident claim

The vast majority of Australians drive a car, often without incident, but road fatalities can and do occur. When someone dies as a result of a road accident this is a devastating time for family and loved ones left behind.

If you have lost a family member through a fatal road accident that occurred because of someone else’s negligence, you may be eligible to receive compensation. This includes fatal accidents on the road involving cars, bikes or pedestrians.

The following parties may be eligible to claim compensation for a road fatality:

The husband, wife or de facto partner of the deceased
A child of the deceased
A parent or guardian of the deceased
A sibling (including half-sibling or step-sibling) of the deceased

Stacks Law Firm can help you build a strong case in order to fight for the maximum amount of compensation you deserve. We will gently guide you through your claim for compensation and take care of the difficult paperwork and case building, as you endure this difficult time.

If you have suffered a personal injury and wish to seek compensation then contact the friendly personal injury and compensation lawyers at Stacks today

What does the compensation cover?

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

Who pays the compensation?

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

What factors are considered when determining if someone was negligent?

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

How much compensation am I entitled to?

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.

What is the time limit to claim?

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.

Grant Avery

Grant Avery

Director

Taree

Phone Grant

Email Grant

Tom Goudkamp

Tom Goudkamp
OAM

Managing Director

Sydney CBDNewcastle

Phone Tom

Email Tom

Phil Griffin

Phil Griffin

Managing Director

Bundall

Phone Phil

Email Phil

Justin Stack

Justin Stack

Managing Director

TareeTamworthTweed Heads

Phone Justin

Email Justin

Karina Goodall

Karina Goodall

Practice Group Leader

LiverpoolSydney CBD

Phone Karina

Email Karina

Ian Graham

Ian Graham

Lawyer

Forster

Phone Ian

Email Ian

Chris Clarke

Chris Clarke

Lawyer

Tweed Heads

Phone Chris

Email Chris

Jodie Thurgood

Jodie Thurgood

Associate Director

Port Macquarie

Phone Jodie

Email Jodie

Taylor Kennedy

Taylor Kennedy

Solicitor

Taree

Phone Taylor

Email Taylor

Julia Camus

Julia Camus

Senior Associate

Sydney CBD

Phone Julia

Email Julia

Find more experts

Tickle v Giggle, Giggle for Girls, app, discrimination, discriminated, gender, gender identity, sex, male, female, facial recognition, trans, trans woman, transgender, birth certificate, gender identity discrimination, sex change, biological, AHRC, unimpeachable, women only, natal, natal woman

19 Mar 2026

No-one laughing as Tickle v Giggle asks, what is a woman?

“What is a woman” has become the catchcry of anti-trans activists who argue there are only two genders – male and female. But Australia’s Federal Court has battled with the...

Read the full story

AI mistakes, ChatGPT, Google Gemini, AI, artificial intelligence, policy, employer, employee, employment, confidential information, mistake, embellishment, hallucination, AI usage, reputational damage, disrepute, liability, software, cause of action, Perplexity, intellectual property, vicarious liability, breach, coding, disciplinary action, termination

18 Mar 2026

Who is responsible for AI mistakes?

Prevalence of AI use in the workplace With the exponential growth in the use of artificial intelligence (AI) at work, a question which arises is, who is responsible for AI ...

Read the full story

courts in NSW, Local Court, NSW, District Court, Supreme Court, Children's Court, Coroners Court, Drug Court, Land and Environment Court, Court of Appeal, Federal Court, High Court, appeal, indictable, damages, defamation, contract, prison, dispute, judge, error, affidavit, tribunal, Attorney-General

04 Mar 2026

What do the different courts in NSW do?

We hear a lot about legal cases being argued in court and judgments being handed down. But why does a person appear in one court and not another? What do the various courts in NSW ...

Read the full story

View all news and articles

“ I had the most genuine and caring lawyer, the first time I had needed one after an accident. The way he respectfully gave me the time to answer my questions and guide me through my everything was truly amazing. ”

Tineke HawiraBundall

“ These guys are terrific, they made what seemed to be difficult for me an easier journey, with caring professional advice and assistance. Great work team. ”

Georgie ApperlooTaree

“ I was treated with care, respect and the understanding that my matter had a huge impact on my livelihood and life. In court, my case was presented sensitively and thoroughly to the judge. The outcome was far better than I expected and my job was saved. ”

Julian KnyshHornsby

“ First class quick and efficient service. Helpful and considerate when difficulties arose. Highly recommended. ”

Roger BrowneBowral

“ I couldn't speak more highly of the work Stacks did for me, they stuck with me and kept me on track over a very drawn out case and achieved an amazing result. ”

Harley McGrathTaree

Stacks is the steady hand you can trust, the lawyers you know. The ones who care about where you’re from, what you’re going through and who treat you like a person, not just another case.

With the attention of one lawyer, backed by the expertise of many, we’re the only legal provider in Australia that gives businesses and everyday people access to expert legal services through a network of reputable local offices.

Legal challenges can feel confusing, even intimidating, but we know what you’re going through, we know the legal terrain, we view your case individually, and we can offer the care, reassurance and expertise to guide you every step of the way.

No hidden fees

We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

Deep expertise

We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

Practical advice not legalese

We speak clearly and directly, so you understand our advice and can make decisions with confidence.

Network of local offices

We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

Real client care

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.

Progressive practise

We make the process easy for you with the latest tech to keep services cost effective—and you in control.

No hidden fees

We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

Deep expertise

We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

Practical advice not legalese

We speak clearly and directly, so you understand our advice and can make decisions with confidence.

Network of local offices

We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

Real client care

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.

Progressive practise

We make the process easy for you with the latest tech to keep services cost effective—and you in control.