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      What is a compensation to relatives claim?

      Losing a loved one is always heartbreaking, especially when they were the main source of income for your family. If their death resulted from someone else’s negligence, a ‘compensation to relatives’ or ‘dependency’ claim can provide crucial financial support.

      Compensation to relatives claims most often arise from medical negligence, road accidents, workplace incidents, or accidents on public or private property. However, other situations might qualify, so it’s always a good idea to consult with a lawyer about your rights.

      In cases where you develop anxiety, depression or another psychiatric condition because of your loved one’s passing, you may also have a nervous shock claim.

      If you’ve lost a loved one due to someone else’s negligence, contact us today. With decades of experience and expert training in both psychiatry and law, our legal team is uniquely equipped to handle your claim. Our resources include Australia’s largest network of medical experts, providing strong evidence to bolster your case. The result is hundreds of compensation to relatives claims successfully finalised over the last 25 years.

      Start your free online claim check

      Find out if you’re eligible for a compensation to relatives claim.

      Check your claim nowIt only takes 2 minutes.

      Do I have a compensation to relatives claim?

      You must generally meet three criteria for a compensation to relatives claim:

      This includes:

      • Spouses, de facto partners.
      • Children, step-children or any person that the deceased was parentally responsible for.
      • Parents, step-parents or legal guardians.

      Partners who aren’t legally considered de facto but lived with the deceased at the time of their passing may still be eligible. They will need to demonstrate that there was a clear intention for the relationship to be long-term.

      You’ll need to show that the deceased supported you financially while they were alive and that you reasonably expected this support to continue had they lived.

      Typically, spouses, de facto partners and school-aged children are automatically considered financial dependents.

      You need to prove that your loved one’s death was due to someone else’s negligence. This involves showing that:

      1. The person had a legal duty to ensure your loved one’s safety and well-being
      2. They failed to fulfil this duty
      3. Your loved one’s death was a direct result of that failure, and
      4. You experienced financial loss because of their death.

      You can learn more about proving negligence below.

      How much compensation will I receive?

      The aim of compensation is to restore your financial situation to what it would have been if your loved one hadn’t passed away.

      As a result, the amount you can receive varies widely based on the specific details of your case. This includes your age, the deceased’s income, your relationship to them, their contribution to your daily living expenses, and whether other dependents are also eligible for financial assistance.

      Depending on your situation, your compensation may cover:

      • Lost financial support: the court will look at the financial support you received from the deceased, including (but not limited to) rent, mortgage repayments, groceries and school fees.
      • Medical and funeral expenses: the cost of medical treatment your loved one received before their passing and coverage for funeral expenses.
      • Domestic services: compensation for household chores, childcare, handyman tasks, or other domestic duties the deceased used to handle. If the deceased had trade qualifications, you can also claim the commercial value of those services, based on the assumption they would have done them for free if they hadn’t passed away.

      How to make a compensation to relatives claim

      While each compensation to relatives claim is unique, the process generally follows these steps. Keep in mind that the exact procedure may vary based on the type of claim and your state of residence.

      Before starting your claim, we recommend speaking with an expert lawyer. We’ll help you understand your eligibility, assess your chances of success, and identify any additional claims you might be entitled to, such as income protection or Total and Permanent Disability. This ensures you receive maximum compensation for your condition.

      To support your claim, you’ll need expert evidence proving your relationship to the deceased, how they financially supported you, and that their death resulted from someone else’s negligence.

      We work with a national network of medical and liability experts to prove negligence and build you a strong case. Throughout this process, we cover all upfront costs — so you won’t have any out-of-pocket expenses, and you only pay if we win your case.

      Armed with sufficient evidence, we’ll help you file a claim against the responsible party’s insurer.

      The insurer will then conduct its own investigation, reviewing medical reports, incident details, and witness statements. Your lawyer will advocate on your behalf to ensure your claim is handled as quickly as possible.

      You’ll need to attend a pre-court mediation with the insurer. To make this process as smooth as possible and secure the best outcome, your lawyer will handle all negotiations for you.

      With our thorough preparation and extensive experience, it’s likely your case will be resolved at mediation. However, if the insurer won’t offer you fair compensation, we’re prepared to take your case to court.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      How much will my claim cost?

      The cost of your claim depends on its complexity and how long it takes to resolve. But no matter your situation, our genuine No Win No Fee guarantee keeps you protected.

      • No financial risk: we cover all costs, including expert fees, legal fees, and administrative expenses. There’s nothing to pay back unless we win your claim.
      • Transparent fees: we provide a clear breakdown of our fees from the start.
      • Avoid court costs: we resolve most claims through mediation, saving you the time and stress of going to court.
      • Reduced legal fees: we generally recover our fees from the other party, so you keep more of your compensation.
      • 90-day trial: try our services risk-free for 90 days. If you cancel within this period, you won’t be charged a cent.
      Find out more about our fees

      Frequently asked questions

      Once you’ve established your eligibility and financial dependence, you’ll need to prove that the deceased died due to someone else’s negligence. This involves demonstrating four key points:

      1. A duty of care existed

      You need to show that the person responsible had a ‘duty of care’ to your loved one. This means they had a legal responsibility to ensure their safety and well-being. Certain relationships, like doctor/patient or employer/employee, automatically include this duty. For other situations, you may need expert testimony to prove that such a duty existed.

      2. The duty of care was breached

      A breach of duty of care happens when there is either a negligent action or a failure to act. For instance, making a mistake during surgery is a negligent act, while not providing proper workplace safety equipment is a failure to act.

      To determine if a breach occurred, the ‘reasonable standard of care’ test is used. This test looks at whether a reasonable person in a similar situation would have acted differently.

      3. Their breach of duty caused your loved one’s death

      You must demonstrate that:

      • Your loved one’s death was directly caused by the other person’s actions or lack of action.
      • Their death was a foreseeable consequence of those actions or omissions.

      4. You suffered injury and loss

      You need to show that you’ve experienced injury and loss, such as medical expenses, funeral costs, lost financial support or domestic services.

      Yes, time limits apply to all compensation to relatives claims.

      In some states, you must start your claim within three years of your loved one’s death. In others, you have three years from the date you realised your loved one died due to someone else’s negligence. The exact limit depends on which state you’re in and the circumstances of your case.

      If you’ve missed the deadline to file your claim, don’t worry — you still have options. Our experienced lawyers are well-versed in the time limit exceptions for each state and can apply on your behalf. Over the years, we’ve successfully helped hundreds of clients get their delayed claims approved.

      Your compensation may be reduced if you receive financial help from other sources. The three most common situations are:

      1. Inheritance

      As a financial dependent of the deceased, you may receive an inheritance from their will. If this happens, your compensation to relatives claim amount will be adjusted based on the inheritance.

      For example, if you’re awarded $600,000 in your claim but inherit $50,000, your compensation will be reduced to $550,000.

      Crucially, this rule usually doesn’t apply if you’re a spouse or partner inheriting a home that you previously shared with the deceased.

      2. Third-party financial support

      If you start receiving financial support from a new spouse or similar person, your compensation to relatives payout will be adjusted accordingly.

      3. Contributory negligence

      If the deceased’s actions played a role in their own death, the court may find contributory negligence and reduce your compensation. The exact amount will depend on the deceased’s level of responsibility.

      Importantly, life insurance policies and superannuation death benefits do not affect your compensation to relatives claim.

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

      Google Posted by Jamie Quinn
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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

      Google Posted by Melissa Hickson
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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

      Google Posted by Ellen Smith
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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      How we can help you

      For over 25 years, we’ve helped Australians secure financial support after losing loved ones. Our comprehensive service includes:

      • Clarifying your rights and potential claims.
      • Proving your eligibility and financial losses.
      • Gathering strong evidence of the responsible party’s negligence.
      • Negotiating with insurers on your behalf.
      • Appealing if your claim is denied or the settlement is unfair.
      • Identifying additional claims, such as a TPD benefit.
      • Ensuring full compensation for both the financial and emotional impact of your loss.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

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      $10 million

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      Sarah's doctor injured her nerve while attempting to remove a contraceptive implant. She was unable to work or care for her children. We helped Sarah win a...

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      Mary secures settlement for delayed cancer diagnosis in just 8 months

      When doctors repeatedly missed diagnosing Mary’s* breast cancer, we tapped into our network of experts to swiftly secure the compensation she needed for her ongoing care. Mary...

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      $230,000

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      Client secures out-of-Court settlement for botched surgery

      A botched operation left our client bedridden and in constant pain. She also developed a psychological condition as a result. We proved that the surgeon was liable...

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      $850,000

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      Both dentist and hospital held responsible for poor surgery aftercare

      Liam was left with a painful infection after an improper tooth extraction. He sought treatment at a hospital, but staff there failed to diagnose his condition. Eventually,...

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      $550,000

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      Medical Negligence

      Hospital compensates mother after failing to recognise signs of foetal distress

      Sarah lost oxygen to her brain during childbirth. Hospital staff had failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result....

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      $550,000

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      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

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      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

      Hannah's Story

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      “Monaco got us an upfront payment to ease the financial strain.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

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