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By Corrina Harris
Losing a loved one in a car crash changes life in an instant, and during that time, legal entitlements are often the last thing on your mind.
However, those entitlements may provide important support particularly if you have suffered a psychological injury as a result of the loss, or if your loved one provided financial or domestic support to your family.
In New South Wales, there may be several types of claims available after a fatal motor vehicle crash.
Who may be able to claim?
Close family members may be able to access statutory entitlements if they have suffered a psychological injury as a result of losing a loved one in a motor vehicle crash.
A close family member may include:
– a spouse or partner
– a parent
– a child or stepchild
– a sibling, including a half-sibling or step-sibling
– another person who had parental responsibility for the deceased, or for whom the deceased had parental responsibility
Statutory entitlements
If you have suffered a psychological injury following the death of a close family member in a car crash, you may be entitled to statutory entitlements through the at-fault driver’s compulsory third party insurer.
Income support
You may be entitled to income payments if your psychological injury affects your ability to work.
These payments are generally made through the at-fault driver’s compulsory third party insurer and may provide support for time you need away from work.
The amount and duration of income support can depend on your circumstances, including the type of injury you have suffered and how it affects your capacity for work.
Treatment and care
You may also be entitled to reasonable treatment and care expenses.
This can include support such as:
– counselling
– psychological or psychiatric treatment
– medical treatment
– travel expenses to and from appointments
– domestic assistance
Approval should be obtained from the insurer before treatment is provided, so that the cost can be covered.
Threshold and non-threshold psychological injuries
Under the relevant legislation, psychological injuries may be assessed as either threshold or non-threshold injuries.
This distinction is important because it can affect how long statutory entitlements are available and whether a damages claim may be pursued.
Examples of psychological injuries that may be considered more serious, or non-threshold, can include conditions such as:
– post-traumatic stress disorder,
– major depressive disorder
If your injury is accepted as a non-threshold injury, you may be entitled to support for a longer period and may also be entitled to make a claim for damages.
Damages claims
If you are diagnosed with a psychological injury that is considered a non-threshold injury under the relevant legislation, you may be able to make a claim for damages.
A damages claim may include compensation for:
– past economic loss
– future economic loss
– in some cases, non-economic loss, often referred to as pain and suffering
Non-economic loss can only be claimed in certain circumstances. Generally, your injury must be assessed above the 10% by an independent medical assessor.
Strict time limits apply to damages claims and a claim must be made within three years of the date of the crash.
Compensation to relatives claims
A separate type of claim may also be available where a person has died as a result of another party’s wrongful act, neglect or default.
This is known as a compensation to relatives claim.
A compensation to relatives claim may allow eligible family members or dependants to recover the loss of financial and domestic support that was provided by their loved one.
This may include losses such as:
– financial support the deceased would have provided
– household assistance
– care and support provided to family members
– other dependency-related losses
Only one compensation to relatives claim can usually be brought for the benefit of all eligible dependants. In many cases, this claim is brought by the executor or administrator of the estate.
As with damages claims, strict time limits apply and a compensation to relatives claim must be made within three years of the date of the crash.
Why it is important to get advice early
These claims can be complex, particularly when you are also managing grief and the practical difficulties that follow the loss of a loved one.
Getting legal advice early can help you understand:
– whether you are eligible to claim
– what entitlements may be available
– what evidence may be needed
– which time limits apply
– whether a damages or compensation to relatives claim may be available
You do not need to navigate the process alone. Clear advice early on can help protect your entitlements and ensure you understand your options.
We are here to help
If you have lost a loved one in a car crash and are unsure about your rights, we can help you understand what support may be available.
We will guide you through the process with care, clarity and compassion.
