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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.

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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
Sachini Amarasinghe
Special Counsel
  • English
  • Medical Negligence
Nancy Kuan
Special Counsel
  • English
  • Family Provision Claims, Motor Vehicle Accidents, Public Liability
Lucy Tait
Solicitor
  • English
  • Medical Negligence
Daphne Zhuang
Senior Paralegal
  • English, Mandarin
  • Medical Negligence
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.

What our clients say

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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.

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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.

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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.

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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

Millions won for our clients

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

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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.”

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