What Is The Process For Fatal Accident Claims?

The law is different for fatal accident claims and Kakulas Legal has particular expertise in these claims.

These claims, where your loved one is killed in a car accident caused (partly or fully) by someone else, are claims for ‘loss of dependency’. That means that you may be able to claim for the support that your loved one would have provided had it not been for the accident. Claims can be made for:

  • lost wages;
  • parental services;
  • domestic services;
  • funeral expenses.

The most common claims are made by husbands, wives or children.

An example of a fatal accident claim

John, a teacher, is killed in a motorcycle accident when a driver didn’t stop at a red traffic light. His wife Mary and two young children Alex and Andrew make a claim for loss of dependency. Things that they claim for include:

Loss of John’s income as a teacher and the money that he would have spent on Mary, Alex and Andrew, such as:

  • Food;
  • Clothing;
  • school fees, gifts, outings etc.
  • Loss of John’s help around the house and garden
  • Loss of John’s time in caring for the children

Mary, Alex and Andrew can each make a claim. Any money received by the young children is kept in trust for them by a court appointed Trustee and Mary can access the money to pay for things like clothing and school costs.

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