Fatal Accident Compensation Lawyers Perth WA
Common Types of Fatal Injury Accidents Claims in WA
The effects of losing a loved one in a fatal accident are wide-ranging and devastating. Motor vehicle accidents and fatal injuries at work are the most common areas of fatal accident claims in WA. At Foyle legal, we act for most of the personal injury claims on No Win No Fee basis, and we ensure that individual circumstances and needs are taken into account to ensure that you receive the very best advice and maximise your fatal accident compensation claim.
Maximise your Fatal Compensation Claims
Foyle Legal Uses Unique Insight to Maximise your fatal injury compensation Claim
The Director of Foyle Legal is one of only a few injury lawyers in Perth who has practiced as a claimant and defendant lawyer in personal injury cases. This gives Foyle Legal a unique insight into what the other party is doing which Foyle Legal can use to help you with your case. If you think you have a case, or require further assistance with your compensation claim, why not contact us at 0408 727 343, alternatively submit an obligation free enquiry. At Foyle Legal, we provide no win no fee accident compensation claim legal advice.
Fatal Accident – Motor Vehicle / Car Accident Injury Compensation
In the event that you and your family are dependent on someone who has died in a motor vehicle accident, and another driver was negligent or at fault in causing the accident, you may be entitled to compensation for loss of dependency and the funeral costs of the person who died.
These claims are often made by a close relative such as a wife, husband, de facto partner, child, parent, brother or sister of the person who has died. Such a claim is normally brought by the executor of the deceased estate of the person who has died.
If the person who is at fault in causing the motor vehicle accident has also died then a person wishing to commence legal action can just sue the insurance commission of Western Australia pursuant to Section 7(2) of the Motor Vehicle (Third Party Insurance) Act 1943.
Fatal Accident – Workers Compensation Injury Compensation
In Western Australia, the provisions of the Workers Compensation and Injury Management Act 1981 state that certain dependents can be paid benefits upon the death of a worker.
A dependent spouse or dependent parents may be entitled to receive payment of compensation of what the Act defines as the Notional Residual Entitlement Amount (NRE Amount) which may depend on the degree of financial dependency and the compensation the worker received prior to death.
Each dependent child or step-child is entitled to receive a weekly allowance to the age of 16 or to the age of 21 if the child is engaged in full-time studies to that age or the dependent child or step-child can elect to receive an apportionment of the NRE Amount.
If a dependant considers that they may be entitled to any of the above compensation, they must make a claim by completing a claim form 2D and forwarding it to the employer. The form should be supported by all related medical documentation, death certificate, accounts, and details of the funeral expenses. The claim and other material will then usually be referred the employer’s insurer for consideration.
The amount that can be changed is subject to change and Foyle Legal suggest obtaining legal advice from a fatal accident compensation lawyer so that you can understand your entitlement.
NO WIN NO FEE* Fatal Accident Compensation Lawyers
The usual procedure when you engage a lawyer is the lawyer charges you on a regular basis for work done regardless of whether you win or lose. A no win no fee lawyer will only charge you a fee if you are successful in settling your claim for compensation or obtaining a successful judgment. The no win no fee arrangement does not mean you have nothing to lose. If you go to trial and lose then you will have to pay the other party’s legal costs and disbursements such as court costs and medical witness costs.