Commonly asked questions about fatal road accident claims:

Following a road fatality you may be able to claim compensation for the following:

  • Funeral costs
  • Hospital or ambulance bills prior to the person dying
  • Loss of financial support as a result of the person dying
  • Loss of duties or services that the deceased had been providing to the family
  • Rehabilitation costs for any psychological effects as a result of the person dying

The insurance company of the negligent party. All drivers must be covered by third party insurance which covers these types of claims.

Contributing factors to negligence include the following:

  • Driving while intoxicated (due to alcohol or drugs)
  • Driving faster than the speed limit
  • Riding with someone who you know is intoxicated
  • Not wearing a seatbelt

That depends on who is found to be negligent, and to what extent. For example, if the person who died was partly responsible for the accident, you may still be able to claim compensation but not as much as you could claim if they died through no fault of their own.

You may still be able to seek compensation if the accident was no one’s fault. For example, the accident may have resulted from a driver suffering an illness (eg. a seizure) whilst driving, or from a tree falling on the road.

The time limit to claim is six months from the person’s death, or the date of the accident. It is advisable to seek compensation as soon as the fatal accident has occurred, in order to maximise your chances to receive the compensation you deserve.

Our experts

Postcode

News

The high cost of preventable farm accidents
17 Jun 2019
Farm accidents are devastating for both victims and farm owners, especially when...
Read More
The interlock program in NSW – a basic guide
12 Dec 2018
What is the interlock program? When someone has committed a major driving and...
Read More
How to avoid a drivers licence suspension in NSW
26 Sep 2018
The obvious answer to the question of how to avoid a drivers licence suspension ...
Read More
Workers compensation system in NSW improves with access to free legal help
08 Jun 2018
Much needed changes to the workers compensation scheme announced in May 2018 ...
Read More
Lodging a successful compensation claim in Queensland: pitfalls to avoid
16 May 2018
Lodging a successful compensation claim in Queensland can hinge on a number of...
Read More
How are compensation claims calculated in Queensland?
15 May 2018
The first question most people ask regarding compensation is how much money they...
Read More
Filming an accident instead of helping – what the law says in New South Wales
06 Apr 2018
We see it on social media and on the TV news all the time – someone films an ...
Read More
Legal rights of the injured suffer in new green slip changes in NSW
25 Jan 2018
The legal rights of people injured in motor vehicle accidents are being further ...
Read More
Rego stickers, ANPR and NSW government revenue – too good an opportunity to miss
12 Oct 2017
In my recent article Automatic number plate recognition (ANPR) technology not to...
Read More
Automatic number plate recognition (ANPR) technology not to be underestimated
10 Oct 2017
All Australian states and territories now use both fixed and mobile automatic ...
Read More
Richard Johnson retiring after a great innings at Stacks Law Firm
03 Oct 2017
On 1 December this year, Richard Johnson will be retiring from his position as ...
Read More
Changes to NSW motor accident laws – your definitive guide
08 Sep 2017
On 30 March 2017, the NSW Motor Accidents Injuries Bill 2017 was passed by ...
Read More

Why Stacks

No Win No Fee
If we don’t achieve a successful outcome for you then we won’t charge you any fees. For full disclosure about this offer, see here
First consultation free
Contact us today and together we can help you work out what your next steps might be... in confidence, at no cost and with no obligation
Hundreds of successful claims every year
Our team of personal injury lawyers are experts in this field of law (many are Accredited Specialists)
Real client care
Genuine care for clients has been at the core of our practice since the first office was opened by ER Stack on the NSW Mid-North Coast in 1931
Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve
Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence

More about our promises

Get help now

It's easy to get help, just tell us your story and we'll help you understand all your options. If you’d like us to help, we’ll agree exactly the work you'd like us to do up front so that you can be certain about our costs.

Your enquiry is completely confidential.

Complete the form and one of our experts will get back to you within 24 hours.

Reach out

Fill out this form and one of our local law professionals will be in contact

By submitting this form you agree to the terms of our Privacy policy