Losing a loved one is devastating, especially when someone else’s negligence caused their death. The Compensation to Relatives Act 1897 (NSW) offers a way for dependent family members to seek financial support during this difficult time.
In New South Wales, eligible claimants typically include the following. However, the claimant must have been dependent on the deceased at the time of their death:
The objective of compensation is to ensure that dependents are placed in the same financial circumstances they would have experienced had the deceased survived.
The following elements may be included in a claim:
When you’re down, you need the right people on your side to help you stand back up. If you’re claiming compensation for an injury, Foye Legal are ready and willing to fight for your rights and make sure you get everything you deserve.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
The compensation is calculated based on the deceased’s likely future earnings and the level of dependency of each claimant. Factors considered include the deceased’s age, health, occupation, earning potential, and the age and needs of the dependents. It’s not a simple calculation and often requires expert evidence.
If the deceased’s own negligence contributed to their death (contributory negligence), the compensation awarded to the dependents may be reduced proportionally. The court will assess the degree of the deceased’s responsibility and adjust the damages accordingly.
Generally, direct claims for grief or emotional distress are not allowed in Compensation to Relatives claims. However, a claim for “nervous shock” is possible if a close relative suffers a recognised psychiatric injury (like PTSD) as a direct result of witnessing the death or its immediate aftermath. This is a separate, more complex claim and requires medical evidence.
Yes, claims should generally be filed within 6 months of the death. Delays may be accepted if a reasonable explanation is provided.
Claims can cover various losses including, economic losses, loss of services, medical and funeral expenses.
Send us your enquiry here or give us a call on 1800 996 994
"*" indicates required fields
3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
Keep up to date with the latest insights and news from Foye Legal
