Personal Injury
Death Claims Lawyers

• Compensation to Relatives Claims: For close family members due to financial loss, loss of care and domestic support and for funeral expenses
• Nervous Shock Claims: For close family members who have developed a psychiatric condition as a result of their loved one’s death

Compensation to Relatives claims can be made by eligible persons who were financially or practically dependent on the deceased person, including:

• Spouses and partners
• Children (including step-children)
• Parents
• Siblings

It’s important to note that only one Compensation to Relatives claim can be brought on behalf of all eligible family members. This claim is typically brought by the executor or administrator of the deceased’s estate, and any compensation is distributed among the eligible dependants.

The extent of dependency and relationship to the deceased will affect the compensation entitlements.
At Stacks Goudkamp, we can advise on who should bring the claim and ensure all eligible family members are properly represented.

• Loss of financial support the deceased would have provided
• Loss of domestic services the deceased would have provided (such as childcare and household maintenance)
• Funeral and burial expenses

• Close family members (spouses, parents, children)
• Those who witnessed the deceased, at the scene, being killed, injured or put in peril

• Post-traumatic stress disorder (PTSD)
• Major depressive disorder
• Adjustment disorder
• Anxiety disorder

• Pain and suffering and loss of enjoyment of life
• Past and future treatment expenses for psychological care
• Past and future loss of income if your ability to work was affected
• Loss of superannuation
• Care and assistance you may require
• Medication costs related to your psychiatric condition
• Other expenses directly related to your psychiatric condition

• The Inquest investigates the circumstances and cause of death, potentially identifying negligence
• Findings may provide crucial evidence for subsequent compensation claims
• The process allows questioning of healthcare providers under oath
• Expert evidence presented at the Inquest can support later claims
• The Coroner may make recommendations to prevent similar deaths

• For Compensation to Relatives claims: Generally 3 years from the date of death
• For Nervous Shock claims: Generally 3 years from when you developed the psychiatric condition
• There is a maximum long-stop limitation period of 12 years from the date of the negligent act

• The healthcare provider owed a duty of care
• This duty was breached through substandard care
• The breach directly caused or materially contributed to the death
• The death resulted in compensable loss to family members

• Complete medical records
• Expert opinions from independent medical specialists
• Witness statements from family members and healthcare providers
• Autopsy reports and other post-mortem examinations

• Whether a Coronial Inquest is involved (which may add 12-24 months)
• The complexity of the medical issues
• Whether liability is disputed
• The need for multiple expert opinions
• Court schedules if litigation is necessary

At Stacks Goudkamp, in most cases, we handle medical negligence death claims on a No Win, No Fee basis, meaning:

• You pay no upfront legal costs
• We fund all expenses during your claim, including expert medical reports
• Legal fees to us are only payable if your claim is successful
• A percentage of your legal costs will be recovered from the insurer if your claim succeeds

Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding expert reports and other expenses. We cover these costs ourselves, ensuring you don’t face additional financial burdens during an already difficult time.

During your initial consultation, we’ll explain our fee structure clearly so you understand the process completely before proceeding. We understand that financial concerns should be the last thing on your mind after losing a loved one, and our fee arrangements reflect this understanding.