The impact of loss can manifest in various personal and practical ways including on the financial circumstances of those left behind. Finances can take a big hit particularly if the deceased was a major breadwinner for the family.
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 Insurance
All superannuation funds in Australia are required to offer death benefit insurance. This is another name for life insurance which becomes payable upon death of the policy holder.
Default cover for the largest superannuation funds is generally around $250,000 but usually decreases as a person nears retirement age.
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.
Wrongful Death 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‘.
Establishing negligence is required.
The claims process through a civil court action may take longer however a dependency claim can often result in significant damages being paid by way of settlement or court judgment.
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.
Frequently Asked Questions
Roche Legal’s compassionate lawyers are here to assist navigating the claims process. We make sure sure that the most amount of 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.
Will you run my dependency claim No Win No Fee?
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.
Am I entitled to make a death benefit or life insurance claim?
You must be a dependant of the deceased i.e. spouse, defacto partner, children, and other financial dependants. The amount of death benefits is calculated by adding the amount of money in the superannuation account of the deceased to any life insurance cover the superannuation may provide.
Note: There may be different rules in relation to ‘defined benefit funds’.
We can help you find out If you have a claim for death benefits by contacting the deceased’s super fund and discussing the situation. We will obtain the relevant superannuation and insurance policies to determine what your full entitlement is.
What documents should I have ready?
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.
I need emotional support, who can I turn to?
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. The approximate time for a response from the counsellors is 72 hours from the time you contact them.
- 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.