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:
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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.
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