How To Claim Compensation For Fatal Car Accident Or Wrongful Death?

November 27, 2023    Civillawyers
How To Claim Compensation For Fatal Car Accident Or Wrongful Death?

Having a car and driving on the road might involve getting into an accident, not always because of personal fault. Drunk drivers, fatigued persons, drivers distracted by mobile phones, or even bad road conditions can cause a road accident or, in extreme cases, the death of the victim.

In these cases, the appropriate relatives of the deceased from vehicular mishaps can put in a fatal accident compensation claim against the responsible party. In 2022, there were close to 1200 road crash deaths in Australia.

Losing a relative, especially a loved one, can be distressing enough – but when it occurs because of someone else’s fault, it becomes a punishable offence.

Whether the demise was due to the refusal or intentional delay from management to install a security feature or the carelessness of a medical professional, the Australian court allows for appropriate compensation as per the existing law. This article will present a concise picture.

Definition of wrongful death lawsuit

The court will need to be assured about the wrongful nature of the occurring death before it accepts the case. Legally, a death will need to meet a specific set of criteria before it can be called a wrongful one. However, their reasons can range widely, including:

  • Product defects
  • Medical negligence
  • Occupational hazards
  • Accidents by automobiles – for example, commercial trucks, motorcycles, and automobiles.
  • Administered activities in old–age homes, daycare, and field trips.
  • Criminal negligence and abuse in assisted living facilities.
  • Criminal violence like shooting, stabbing, and other illegal activities.

It is better to consult one of the most proficient personal injury lawyers in Perth before going to court with a wrongful death case.

Key elements of a wrongful death claim

The accuser or their counsel making a wrongful death claim in the appropriate court will have to prove the following points to get justice:

1. Slackness:

The court has to accept that the recklessness, carelessness, or inattention of the defendant was the reason for the victim’s wrongful death.

2. Breach of duty:

The accuser has to prove without doubt that the breach of duty by the accused was the primary reason for the victim’s death. It includes the doctor’s obligation to diagnose and treat their patients correctly or a car driver’s duty to drive safely according to traffic laws. However, a clear breach of duty must be proven for physicians to minimise the chances of a medical negligence claim.

3. Cause and damages:

The plaintiff or their legal representatives must provide reasonable and measurable damages, including medical expenses, funeral costs, hospitalizations, loss of income, etc.

Relatedly, you may need help to arrange the strong pieces of evidence, question the witnesses, and gather testimonies. It would help if you went for the most recognized personal injury lawyers in Perth to build your case and get the maximum justified compensation.

Persons responsible for putting in an unlawful death claim

The victims’ relatives are loved ones who are usually the ones who register or get legal help for fatal accident claim cases. The compensation may go to multiple individuals – spouse, kids, or parents- but the court will allow only one representative to fight the claim. It is common for a spouse to qualify for a claim if the victim is married.

When you are filing a wrongful death claim, you fall into the category of civil action instead of criminal. So, you wouldn’t need to have as extensive an evidence list as criminal litigation to get a successful legal claim. The claim filing procedure will require you to develop a strategy, meet with witnesses, investigate claims, etc.

Moreover, the case will require making demands, attending mediation, reaching a settlement, and several other factors. The case will go to trial when both parties do not agree with the disbursement. Hiring the most experienced civil lawyers in Perth is worthwhile so that the process contains no errors.

The victim’s spouse and children may get compensated for income loss, care and assistance in the household, and other benefits if they file a dependency claim.

In car accident cases, what is the role of CTP Insurers?

The constitutional authority for Compulsory Third Party (CTP) motor vehicle insurance in Western Australia is the Insurance

Commission of Western Australia (ICWA). They provide compensation for different types of car accident damage claims and funding for medical treatment.

The not-entirely responsible drivers, passengers, cyclists, pedestrians, or close relatives of the fatally injured victims are eligible for such claims.

The process for filing a personal claim with ICWA after a vehicular accident is as follows:

  1. The claimant has to complete the online “Crash Report Form” and “Notice of Intention” to create the claim form.
  2. They need to submit the forms to make a claim.
  3. The claims should follow the regulations as per the Limitation Act 2005.
  4. The ICWA may consider the following compensations after accepting the claim:
  • Financial loss
  • Pain and suffering
  • Medical expenses
  • Expenses related to attendant care.
  • Monetary support for the dependents of a motor vehicle accident victim.

However, your personal injury lawyers in Perth should put in enough evidence to ensure that you have suffered loss because of the accident and are not totally at fault.

Requirements for claiming compensation

Some of the requirements for claiming wrongful death claim are given below:

1. Mistake determination

The accusers must establish that the victims were not completely responsible for the accident (meaning the accident occurred because of the other driver, at least in part). In hit-and-run incidents, where the responsible car may not be identified, you can still claim compensation by proving that you were not entirely at fault.

2. Health Evidence

The victim must be hospitalised immediately or brought under medical attention to ensure the cause of death and the medical steps taken to treat them. It will help establish the timeline of the accident, the extent of the event on the deceased person’s life, and the injuries sustained by the victim.

3. Confirmation of loss

The claimant must provide evidence of losses and that they resulted directly because of the accident.

In conclusion

The nuances of getting personal injury claim cases are confounding, and putting in an incomplete claim application may hinder the judicial outcome. It is best to hire the most recommended personal injury lawyers Perth to ensure the just result.

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