An outline of wrongful death lawyers and claims in Australia

An outline of wrongful death lawyers and claims in Australia.

Summary

This article includes an outline of who can bring forward a wrongful death claim, the time limits for filing such a claim, how a Gordon legal wrongful death lawyer can assist with your claim, an explanation of the no-win, no-fee pay structure and the kind of damages you may be entitled to.

Losing a loved one due to another party’s medical negligence is devastating. At Gordon Legal, our wrongful death lawyers are ready to listen and provide expert legal advice so you can understand the claims process and your rights. Contact a member of our compassionate team on 03 9603 3000 or fill out an online enquiry form here.

Who Can File a Wrongful Death Lawsuit in Australia?

Wrongful death claims can usually only be brought forward by individuals who were directly related to or financially dependent on the deceased party. These typically include:

• The deceased’s spouse or de facto partner.
• Children.
• The deceased’s parents.
• Other economically dependent relatives.

The claim is primarily centred on the loss of economic support provided by the deceased and the emotional harm inflicted on their surviving family members. If you are unsure about your claim or eligibility, please get in touch with us at Gordon Legal to consult your options with one of our expert death compensation lawyers.

How Long Do I Have to File a Wrongful Death Lawsuit in Australia?

The statute of limitations for filing a wrongful death claim depends on the State where you wish to lodge your claim. In Victoria (the jurisdiction we primarily operate in), the usual limitation period is three years from the date of death or the date you discover the negligence which caused your loved one’s death.

Given the limitation period for bringing forward a wrongful death claim can be adjusted depending on when you discovered the negligent treatment, it is essential that you contact a member of our team as soon as possible. Our medical negligence lawyers are ready to listen and ensure you comply with the relevant deadlines.

What is the Role of a Wrongful Death Lawyer in My Case?

A wrongful death lawyer’s responsibilities include evaluating, organising your claim and arguing your case. At Gordon Legal, our team commits to assisting you with:

• Investigating the medical treatment which led to your loved one’s death.
• Gathering evidence and records to assist with your claim.
• Determining the level of compensation you will be entitled to, including economic and non-economic loss damages.
• Negotiating with the insurers and the other party to prevent the case from proceeding to court.

The wrongful death claims process can be an incredibly complicated legal process, so it is crucial that you secure an expert fatal accident lawyer. At Gordon Legal, our medical negligence team is ready to ensure that you receive fair compensation for the tragedy of losing a loved one to another party’s negligence. Contact us on 03 9603 3000 to begin discussing your claim today.

Do Wrongful Death Lawyers Work on a No-Win, No-Fee Basis?

Our team at Gordon Legal typically handles wrongful death claims on a no-win, no-fee basis. A no-win, no-fee structure means:

• There will be no upfront legal fees associated with your case. You will only have to pay legal costs if your case is successful.
• That costs will be deducted from the final settlement, whether that settlement is determined during mediation or by the court.

If you would like to discuss how this fee structure would operate in your circumstances, our fatal accident lawyers are happy to outline them in more detail, so get in contact with us today.

What Damages Can I Claim in a Wrongful Death Case?

The damages associated with wrongful death claims usually centre on two compensatory avenues: economic and non-economic losses. Economic loss damages typically include:

• Loss of future financial support (such as the wages the deceased would have earned).
• Outstanding medical expenses related to the death.
• Funeral costs.
• The loss of future economic benefits, such as superannuation.

Conversely, non-economic loss damages are focused on:

• The pain and suffering the death has caused the dependents.
• The emotional harm inflicted on the claimant.
• Loss of companionship, support and caregiving duties.
• Support for any future mental health conditions which may arise because of this traumatic event.

Individual circumstances can affect the amount of compensation each claim receives, so it is essential you speak with one of our legal experts, so they can begin assessing your claim today.

Losing a loved one to medical negligence is a tragedy. Whilst there is no amount of money which will fully heal the trauma you have suffered, at Gordon Legal we are committed to ensuring that you receive the compensation as you can begin the recovery process. Contact one of our experts by calling a member of our empathetic team on 03 9603 3000 or by completing an online enquiry form today.