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      What is a wrongful death claim?

      When someone passes away due to another’s negligence, the impact reaches far beyond the victim, deeply affecting their loved ones. Wrongful death claims provide crucial support to help ease the burden of your loss.

      Generally, there are two types of wrongful death claims you can pursue. Depending on your situation, you may be entitled to both:

      These claims often arise from medical negligence, road accidents, workplace injuries, or incidents on public or private property. However, other circumstances may also qualify, so we suggest speaking with a lawyer to fully understand your rights.

      If you’ve lost a loved one due to someone else’s negligence, contact us today. With expert training in psychiatry, negligence and dependency laws, our legal team is uniquely positioned to prove your wrongful death case. Our resources include Australia’s largest network of medical experts, providing strong evidence to bolster your case. The result is hundreds of wrongful death claims successfully finalised over the last 25 years.

      Start your free online claim check

      Find out if you’re eligible for a wrongful death claim today.

      Check your claim nowIt only takes 2 minutes.

      Do I have a wrongful death claim?

      While the requirements for compensation to relatives and nervous shock claims differ slightly, there are generally three criteria you’ll need to meet:

      The definition of a ‘close relative’ can vary by state, but it usually includes:

      • Spouses and de facto partners.
      • Children, stepchildren, or anyone under the deceased’s parental care.
      • Parents, stepparents, or legal guardians.
      • Grandparents.
      • Siblings, half-siblings, and stepsiblings.

      Partners who don’t meet the legal definition of de facto but were living with the deceased at the time of death may still qualify. They will need to show that there was a clear intent for the relationship to be long-term.

      To prove that your loved one’s death was due to someone else’s negligence, you must demonstrate that:

      • The person had a legal duty to ensure your loved one’s safety and well-being.
      • They failed to meet this duty.
      • Your loved one’s death directly resulted from this failure.

      You can learn more about proving negligence below.

      This criteria has a different meaning depending on the type of claim you’re making.

      Compensation to relatives claims

      You must show that:

      • The deceased provided financial support to you while they were alive.
      • You reasonably expected this support to continue had they lived.
      • You’ve suffered financial loss due to their death.

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

      Nervous shock claims

      You need to demonstrate that you’ve developed a recognised psychiatric condition as a result of your loved one’s passing. This condition must be diagnosed by a GP or a relevant mental health professional.

      While many psychiatric conditions could entitle you to compensation, the most common are:

      • Anxiety
      • Depression
      • Post-Traumatic Stress Disorder (PTSD)
      • Adjustment Disorder

      Lily receives $900,000 for PTSD caused by negligent hospital care

      Lily's husband, Albert, visited the hospital with calf pain and shortness of breath, but he was quickly discharged. When he returned the next day with the same symptoms, tests revealed a major blood clot and right heart strain. Tragically, Albert suffered a fatal heart attack shortly after. In the wake of her husband's death, Lily developed severe depression and PTSD.

      Our medical negligence team leveraged expert evidence to demonstrate that proper hospital investigations could have prevented Albert's death. We also proved that Lily's condition was a direct result of the hospital's negligence. Ultimately, Lily's case was settled at mediation for $900,000.

      Read Lily’s full story here

      How much compensation will I get?

      The compensation you receive for a wrongful death claim depends on several factors, such as the type of claim you’re making, your state’s regulations and the extent of your losses.

      Below, we break down how much compensation you can expect in each type of claim.

      The goal of compensation is to restore your financial situation to what it would have been if your loved one had not passed away. The amount you receive varies based on the specifics of your case, but it may cover:

      • Lost financial support: this includes contributions from the deceased towards rent, mortgage payments, groceries, school fees, and other daily expenses.
      • Medical and funeral expenses: the cost of any medical treatment your loved one received before their death and for their funeral costs.
      • Domestic services: compensation for household tasks, childcare, and other duties the deceased used to handle. If they had professional skills, you may also claim the commercial value of these services, based on the assumption they would have provided them free of charge.

      Depending on the severity of your condition, you may receive compensation for:

      • Pain and suffering: compensation for the physical and emotional impact of your injury.
      • Lost income: any past and future earnings you’ve lost as a result of your psychiatric condition, including superannuation contributions.
      • Care and support: professional care or assistance from family and friends, and compensation if you can no longer care for a dependent.
      • Additional costs: medical expenses, travel costs, and any required modifications to your home or vehicle.

      How much will my claim cost?

      The cost of your claim depends on its complexity and duration, but our genuine No Win No Fee guarantee ensures you’re always protected:

      • No financial risk: we cover all costs, including expert fees, legal fees, and administrative expenses. You don’t owe anything unless we win your claim.
      • Transparent fees: we provide a clear breakdown of our fees from the beginning.
      • Avoid court costs: we resolve most claims through mediation, avoiding the time and stress of court proceedings.
      • Reduced legal fees: we typically recover our fees from the other party, so you keep more of your compensation.
      • 90-day trial: you can try our services risk-free for 90 days. If you decide to cancel within this period, there’s no charge.
      Find out more about our fees

      How to make a wrongful death claim

      While each wrongful death claim is unique, the process generally follows these steps.

      Before starting your claim, we recommend consulting with an expert lawyer. We’ll evaluate your eligibility for both compensation to relatives and nervous shock claims.

      At this time, we’ll also identify any additional claims you might be entitled to, such as income protection or Total and Permanent Disability. This ensures you receive the full compensation you’re entitled to, helping to alleviate the financial and emotional impact of your loss.

      You’ll need expert evidence demonstrating your relationship to the deceased and proving their death was caused by someone else’s negligence. For a compensation to relatives claim, you must also show that the deceased supported you financially. If you’re making a nervous shock claim, you’ll need medical evidence of your recognised psychiatric condition.

      Our lawyers work with a national network of medical and liability experts to establish negligence and build a strong case on your behalf. We cover all these upfront costs — so there are no out-of-pocket expenses and you only pay if we win your case.

      Armed with compelling evidence, we’ll assist you in filing a claim against the responsible party’s insurer.

      The insurer will then conduct its own investigation, reviewing medical reports, incident details, and witness statements. Throughout this process, your lawyer will advocate for you to ensure your claim is processed as efficiently as possible.

      You’ll need to attend a pre-court mediation with the insurer. To ensure a smooth process and secure the best outcome, your lawyer will handle all negotiations on your behalf.

      With our thorough preparation and extensive experience, we aim to resolve your case at mediation. However, if the insurer does not offer a fair settlement, we are ready 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

      Frequently asked questions

      To prove negligence in a wrongful death claim, you’ll need to establish four key elements:

      1. A duty of care existed: You must demonstrate that the responsible party owed your loved one a duty of care, meaning they had a legal obligation to ensure their safety and well-being. Certain relationships, such as doctor/patient or employer/employee, inherently include this duty. In other situations, expert testimony may be required to prove that a duty of care existed.
      2. The duty of care was breached: This means the duty of care is violated through either a negligent action or inaction. For example, a surgical mistake would be a negligent act, while failing to provide necessary workplace safety equipment is a negligent inaction. The ‘reasonable standard of care’ test is used to determine if a breach occurred. This involves assessing whether a reasonable person in a similar situation would have done the same thing.
      3. The breach caused your loved one’s death: You need to show that your loved one’s death was directly caused by the other party’s breach of duty, and that death was a foreseeable outcome of their actions or omissions.
      4. You suffered injury and loss: You must prove that you’ve experienced injury and loss as a result of your loved one’s death. This may include medical expenses, funeral costs, lost income, financial support or domestic services.

      Yes, strict time limits apply to all wrongful death claims. The exact limit depends on what type of claim you’re making and which state you’re in. Below, we outline the time limits for three common types of wrongful death claims.

      If you’ve missed the deadline to file your claim, there’s no need to panic. Our experienced lawyers understand the time limit exceptions for each state and can assist you in applying. Over the years, we’ve successfully helped hundreds of clients get their delayed claims approved.

      Motor vehicle accident claims

      If your loved one died in a motor accident, you typically need to notify your state insurer as soon as possible. You then have between 13 weeks and three years to start court proceedings, depending on your state’s regulations.

      For more details on applicable time limits, check out our detailed guide to time limits in motor accidents.

      Public liability claims

      In some states, you must begin court proceedings within three years of your loved one’s death. In others, you have three years from the date you discover their death was due to someone else’s negligence.

      To find out the specific time limits for your state, visit our comprehensive guide to public liability time limits.

      Medical negligence claims

      In some states, you must initiate court proceedings within three years of your loved one’s death. In other states, you have three years from the date you discovered their death was caused by medical negligence.

      To learn about the specific time limits that apply to your situation, consult our complete guide to medical negligence time limits.

      As part of our comprehensive service, we help identify additional claims beyond your initial wrongful death claim, including:

      Income protection claims

      If your psychiatric condition has left you temporarily unable to work, you may qualify for income protection payments. These payments include:

      • Monthly wage-replacement payments.
      • Up to 75% of your usual income, including superannuation.
      • Payments for a specified duration, such as 2 years, 10 years, or until you reach retirement age.

      Total and Permanent Disability (TPD)

      If your psychiatric injury permanently prevents you from returning to work, you could be eligible for a Total and Permanent Disability (TPD) claim. Unlike income protection payments, a TPD benefit offers a substantial lump sum designed to support you for life. This coverage is often included in superannuation policies, so you might already have this insurance without even knowing it.

      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.

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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.

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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.

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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 specialised in helping Australians secure financial support after the loss of a loved one. Our comprehensive service includes:

      • Explaining your rights and potential claims.
      • Proving your eligibility and financial losses.
      • Collecting robust evidence of negligence.
      • Negotiating with insurers on your behalf.
      • Appealing denied claims or inadequate settlements.
      • Identifying additional claims, such as a TPD benefit.
      • Securing maximum compensation to cover the full 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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      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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