Genders & Partners
We are the oldest law firm in South Australia, established in 1848. We obtained the highest ever award for personal injuries in South Australia for one of our clients and have been involved in four of Australia's largest claims for personal injuries. Proud member of:
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Wrongful Death Has someone in your family been killed? The unexpected death of a loved one can dramatically alter the lives of their immediate family. The emotional effects will be far-reaching. In addition there may be a coronial inquest and other formal processes for a grieving family to cope with. On top of this there may be acute financial need if a main breadwinner dies. If the victim is a carer, then all sorts of practical as well as financial consequences may occur. In certain circumstances, a claim for compensation may be brought both on behalf of the victim and also by those dependent on the victim, either for financial support or for care services. Sadly sometimes the victim is a child or has no dependents. In such circumstances the damages may be inconsequential compared to the desire to know what happened, that the person responsible is brought to justice or systems are put in place to prevent another family being similarly bereaved. The fact that an accident has occurred and has resulted in a death, is not sufficient to bring a successful claim for compensation. As is the case with claims for all other types of personal injuries, it is necessary to demonstrate that another party was negligent, and/or breached their statutory duty. If someone in your family has died and you think you may have a claim you should contact us immediately. What can be claimed for the victim? Compensation may be recoverable for the pain and suffering that the victim experienced before they died (“pre-death trauma”) along with any losses or expenses that were incurred between the time of the accident and the time of the death, including funeral expenses. In addition, the Civil Liability Act (SA) allows claims to be brought by the dependents of a victim for the loss of financial and other support, for example care or housekeeping. A modest sum known as "Solatium" may be payable in certain circumstances. The law limits the people that are entitled to bring a claim when someone dies to those who can show that they depended in some degree, upon the victim’s income or services. Only one claim arising from a death may be raised, on behalf of the victim and his/her dependents. Therefore it is crucial that all potential dependents are considered.
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