Losing someone suddenly is devastating, and for many families the financial shock follows close behind, particularly when the person who died was the main breadwinner.
We realise it is often difficult to deal with issues such as these in the circumstances of the passing of a loved one. It is important that you give yourself enough time to grieve. However, strict time limits apply to making a claim. Making a claim is invaluable in helping the family or other dependants of the deceased not sink under unexpected financial pressure.
There are various ways to make a claim depending on the circumstances. To maximise damages payable and reduce legal costs, we recommend claiming compensation through all available avenues at the same time.
Superannuation Death Benefits
When someone dies, their superannuation is paid out as a death benefit. This is made up of the balance of their super account plus any life or death cover held inside the fund, and many people have significant insurance in their super without realising it.
Proving negligence is not required to claim a death benefit. Because who receives it, and how much, is often disputed, we explain this in detail on our Superannuation Death Benefit Claims page.
Private Life Insurance
A life insurance policy can be taken out with a private insurer at any time prior to death in addition to the death benefit cover contained in a superannuation policy.
It isn’t overly common in Australia to have private life insurance considering most people are content with having coverage in their superannuation fund. However, sometimes the cover offered through superannuation is inadequate so a second policy through a private life insurance agency is obtained.
The insured sum paid on death is determined by the policy.
Proving negligence is not required to claim. Read more about Life Insurance Claims.
Wrongful Death & Dependency Claims
If the loss of life occurred due to negligence through a motor vehicle accident, workplace incident, or another type of unexpected accident, you may also have an additional avenue to claim compensation against the at-fault party or their insurer through the court system. This is typically known as a ‘dependency claim‘.
A dependency claim is a legal claim made by the family members or financial dependants of a person who has died because of someone else’s negligence. The claim seeks compensation for the financial support, services, and benefits the dependants have lost as a result of the death.
Eligible dependants may include a spouse, de facto partner, children, stepchildren, or others who were financially dependent on the deceased.
Compensation in a dependency claim can include:
- Loss of the deceased person’s income and financial support
- Loss of household services and care
- Funeral expenses
- Loss of superannuation and other financial benefits
Establishing negligence is required to claim in most instances. In the case of workplace fatalities, negligence is not required for family members to receive lump sum compensation through the statutory insurance – most commonly provided by WorkCover Queensland.
WorkCover Queensland publishes the death benefit amounts online – as at 1 July 2026, the compensation amount payable upon the death of a worker to any dependant considered ‘totally dependant’ on the deceased is $807,515. However, when negligence was involved in the incident that caused the death, damages paid from making a dependency claim can often be more significant.
These are different claims. A dependency claim seeks compensation from the party at fault for the death, while a superannuation death benefit comes from the deceased’s own fund regardless of fault. After the same death you may be entitled to both, which is why we recommend claiming through all available avenues at once.
Nervous Shock
When a spouse or family member dies unexpectedly, particularly in a traumatic accident witnessed by the partner or family member, the emotional responses can vary. Standard grief involves a natural process of sadness and adjustment, where the person eventually comes to terms with the loss over time. This reaction is intense but generally manageable, and people gradually find ways to move forward.
In contrast, PTSD (Post-Traumatic Stress Disorder) or “nervous shock” involves more severe and persistent symptoms. PTSD can develop from the trauma of witnessing the event, leading to ongoing issues like flashbacks, severe anxiety, and emotional numbness. Nervous shock, though an older term, describes a sudden and intense emotional reaction to trauma that might lead to long-term psychological problems. Unlike standard grief, these conditions often require specialised treatment to address the severe impact of the traumatic experience.
A separate personal injury claim for PTSD or nervous shock may be brought against the at-fault party. Damages for pain and suffering, loss of income, psychological treatment, medical attendances and medications may be claimed.
Recent Queensland decisions in this area
Court decisions about death-related claims are rare in Queensland, because most claims resolve privately, but the recent cases show the different forms these claims can take. In Stimpson v O’Toole [2022] QCA 194, a family member who suffered a psychiatric injury following a fatal road accident recovered damages. In Tibbett v Emberwell [2026] QDC 6, six members of one family brought dependency claims after a fatal work-related driving accident. And Greenall v Amaca [2024] QCA 132, a claim arising from a death caused by workplace asbestos exposure fifty years earlier, is a reminder that these claims can be legally complex and hard-fought; it ultimately did not succeed on appeal. Every family’s circumstances are different, and we will always give you an honest view of where your claim stands before anything is commenced.
Time Limits and What to Do Next
Strict deadlines apply to death-related claims in Queensland. As a general guide, court proceedings for a dependency claim must usually start within three years of the death, and formal notice requirements can apply much earlier depending on how the death occurred. Superannuation death benefit disputes run on much shorter timeframes again, sometimes as little as 28 days to object to a trustee’s decision.
- Obtain copies of the death certificate.
- Notify the deceased’s superannuation funds and insurers, but do not accept or sign anything before getting advice.
- Gather records of the deceased’s income and your financial dependency, along with funeral expenses.
- Speak to a lawyer early so no deadline is missed.
Call Roche Legal on 1300 335 334 or contact us online for a free, confidential discussion. We act on a No Win No Fee basis, and we are happy to come to you.
Frequently Asked Questions
Roche Legal’s compassionate lawyers are here to assist navigating the claims process. We make sure that the maximum compensation payable by law is paid. If you would like a free chat, or for one of our solicitors to visit you at your home or any other location, simply phone us as we are more than happy to do so.
Yes. Roche Legal offers No Win No Fee representation to everyone with a qualifying dependency claim. Contact us for a free initial consultation. We have offices in Brisbane, Springwood, and the Sunshine Coast.
You must be a dependant of the deceased, such as a spouse, de facto partner, child, or other financial dependant. We explain who can claim, how death benefits are calculated, and how trustee disputes are handled on our Superannuation Death Benefit Claims page.
To determine your level of dependency, we require the following from you:
Proof of dependency: marriage certificate or documents which demonstrate a de facto status.
Proof of death: the death certificate.
Proof of any funeral expenses and associated costs.
Tax documents: both the deceased’s and your tax returns for the three years prior to the accident.
Needing emotional support is completely normal and there are many options available to you in Queensland:
Solace Australia – Support for widows and widowers. Helping the bereaved, Loss of a partner, Helping to understand grief reactions. Meetings take place in Chermside, Garden City, and Broadbeach.
24 hour help lines:
GriefLine – This service offers an online messaging service accessible 24 hours, 7 days a week, from anywhere in Australia. Responses to online messages can take a day or two, so for immediate support use one of the phone lines below.
13 HEALTH – Phone advice and referral information about health concerns, including counselling services. Phone: 13 43 25 84.
KidsHelpLine – Counselling services for children and young people by telephone, internet or email. Phone: 1800 55 1800.
Lifeline – Counselling services for issues including grief and loss provided by telephone or face-to-face by appointment. Phone: 13 11 14.
Mensline – Support, information and referral for men with family, relationship or other concerns. Phone: 1300 78 99 78.